Allowed

Gaurav Gupta v. State of U.P.

Allahabad HC2 Jan 2019BAIL/6233/2018

Case brief

AI extract

What is this about?

Criminal court granted bail to applicant accused of narcotics possession under Section 21/22 NDPS Act. The applicant challenged police recovery citing lack of independent witness and non-compliance of Section 42 and 50 of the Act. Court allowed bail subject to personal bond and strict appearance conditions.

What did the court decide?

Release on bail upon furnishing a personal bond with two sureties of Rs. 2.00 lacs each subject to conditions regarding attendance and prohibition of adjournments.

Gaurav Gupta 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. - 6233 of 2018

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Applicant :- Gaurav Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- K.K. Tripathi,Avanish Mishra,Dharmendra Kumar Singh,Gaurav Kakkar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed on behalf of the State is taken on record.

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Heard Sri Gaurav Kakkar, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that contraband article, i.e. 65 packet Morphine Injection and 50 packets Avil Injection and Rs.2700/- in cash are said to have been recovered from the possession of the applicant. It is next contended that nothing has been recovered from his possession and there is no independent witness of the alleged recovery. The name of the applicant surfaced in the confessional statement of main accused Akash @ Chaman. He further submits that there is no compliance of mandatory provisions of Sections 42 & 50 of N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicant has no other reported criminal antecedent. It has also been submitted that the applicant is languishing in jail since 19.1.2018.

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

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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 and reformative theory of punishment, the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Gaurav Gupta involved in Case Crime No. 17 of 2018, under Section 21/22 N.D.P.S. Act, Police Station Babupurwa, District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties ( Rs. 2.00 lacs each) (One should be of a family member) to the satisfaction of the court concerned with the following conditions:-

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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

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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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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 2.1.2019 IA

Gaurav Gupta v. State of U.P.

Case brief

What is this about?

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Gaurav Gupta v. State of U.P.

Case brief

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