Allowed

Ajay Kumar Patel v. Union of India and Another

Allahabad HC2 Apr 2019BAIL/2296/2019

Case brief

AI extract

What is this about?

The High Court released a narcotic drugs offender named Ajay Kumar Patel on bail vide criminal miscellaneous application. The court emphasized that the nature of accusation and severity of punishment justify bail, despite non-compliance of mandatory provisions, by ensuring strict conditions.

What did the court decide?

Application allowed; applicant released on bail with personal bond and two sureties subject to strict conditions of appearance and no adjournments.

Ajay Kumar Patel Vs Union of India and Another — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2296 of 2019

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Applicant :- Ajay Kumar Patel Opposite Party :- Union Of India And Another Counsel for Applicant :- Ran Vijay Singh Counsel for Opposite Party :- Narendra Deo Rai

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed by the learned counsel for the Central Narcotics Bureau today in the Court is taken on record.

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Rejoinder affidavit filed by the learned counsel for the applicant today in the Court is also taken on record.

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Heard Sri Ran Vijay Singh, learned counsel for the applicant and Sri Narendra Deo Rai, learned counsel for Central Narcotics Bureau.

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It has been contended by the learned counsel for the applicant that 3.700 Kilograms contraband article, i.e., Charas is said to have been recovered from the possession of the applicant. He further submits that there is no compliance of mandatory provisions of Sections N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicant has no criminal history with respect to the N.D.P.S. Act. The applicant is in jail since 21.12.2016.

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Learned A.G.A. opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Let the applicant Ajay Kumar Patel involved in Case No.92 of 2017, under Section 8/20 N.D.P.S. Act, Police Station C.B.N., District Ghazipur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following condition:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and

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in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 2.4.2019 Dev/-

Ajay Kumar Patel v. Union of India and Another

Case brief

What is this about?

What did the court decide?

Ajay Kumar Patel v. Union of India and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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