Allowed

Ravindra Kumar v. State of U.P.

Allahabad HC10 Jan 2019BAIL/34691/2018

Case brief

AI extract

What is this about?

High Court Court No. 69 allowed bail to Ravindra Kumar, a narcotics offender accused of possessing 81 kg of ganja, by expressing a prima facie satisfaction of the charge and reasonable apprehension of witness tampering. Bail granted with stringent conditions to prevent abuse of liberty.

What did the court decide?

Released on bail on personal bond with two heavy sureties (one should be of family member) subject to appearing in court for evidence, charge framing, and Section 313 statement.

Ravindra Kumar Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34691 of 2018

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Applicant :- Ravindra Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Rahul Yadav,Abhilasha Singh,Ashutosh Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Smt. Abhilasha Singh, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that 81 Kilograms contraband article, i.e., Ganja is said to have been recovered from the possession of the applicant. It is further submitted that the applicant has no concern with the alleged contraband. It is further submitted that the applicant was arrested on spot. It is further submitted that there is no independent witness of the alleged recovery. 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 11.4.2018.

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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 Ravindra Kumar involved in Case Crime No.170 of 2018, under Section 18/20 N.D.P.S. Act, Police Station Lodha, District Aligarh be released on bail on his furnishing a personal bond with two heavy sureties (one should of family member) 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 in order to secure his presence proclamation under Section 82

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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 :- 10.1.2019 Dev/-

Ravindra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravindra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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