Allowed

Shakir @ Bhura v. State of U.P.

Allahabad HC9 Sept 2020BAIL/26187/2020

Case brief

AI extract

What is this about?

This bail application for Shakir @ Bhura under Section 8/15 N.D.P.S. Act was disposed of by granting bail. The court ordered the applicant to release on personal bond and two sureties with specific conditions regarding evidence tampering, adjournments, court appearances, and participation in key trial stages including charges and Section 313 Cr.P.C. statement.

What did the court decide?

Released on bail on personal bond and two reliable sureties with additional conditions to prevent evidence tampering and ensure court attendance.

Shakir @ Bhura Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2020)

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Court No. - 34

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26187 of 2020

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Applicant :- Shakir @ Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Gopeshwar Sahai Bisaria Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sunita Agarwal,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 695 of 2019, under Section 8/15 N.D.P.S. Act, Police Station Subhash Nagar, District Bareilly, during pendency of trial.

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To press the bail application of the applicant, it is argued that the applicant has been wrongly implicated in the aforesaid case. The co-accused Anwar son of Waqeel Ahmad who is named in the First Information Report has been granted bail by this Court vide judgment and order dated 1.9.2020 in Criminal Misc. Bail Application No. 22600 of 2020 (Anwar vs. State of U.P.). The applicant is languishing in jail since 9.6.2020.

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

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Considering the facts and circumstances of the case as also the submissions made above, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicant is entitled to be enlarged on bail.

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Let applicant- Shakir @ Bhura be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses;

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(ii) 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

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abuse of liberty of bail and pass orders in accordance with law;

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

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(v) 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 :- 9.9.2020 Brijesh

Shakir @ Bhura v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shakir @ Bhura v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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