Allowed

Waseem @ Naseem @ Kallo v. State of U.P.

Allahabad HC10 Sept 2020BAIL/26922/2020

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act, the court released the applicant on personal bond and heavy sureties, imposing strict conditions regarding court presence and prohibiting adjournments. Directions regarding compulsory lockdown measures were also complied with.

What did the court decide?

Released on bail on personal bond and two heavy sureties with conditions regarding presence and conduct in court.

Waseem @ Naseem @ Kallo Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2020)

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26922 of 2020

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Applicant :- Waseem @ Naseem @ Kalloo Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State as also perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant - Waseem @ Naseem @ Kalloo with a prayer to release him on bail in Case Crime No. - 150 of 2020, under Sections - 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station - Behat, District - Saharanpur , during pendency of trial.

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At the outset, learned counsel for the applicant states that in exact similar allegations, co-accused Rashid has already been enlarged on bail by the Court of Sessions in Criminal Misc. Bail Application No. 1637 of 2020, vide order dated 08.06.2020. Thus, the present applicant is also entitled to bail. As to criminal history, it has been submitted that the applicant had been earlier falsely implicated in three cases wherein he had been enlarged on bail. As to recovery, it has been submitted that the test report is still awaited and the recovery of 110 grams of diazepam powder is wholly disputed.

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In view of the above, without expressing any opinion on the final merits of the case, let the applicant - Waseem @ Naseem @ Kalloo involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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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 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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(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 06.04.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.) shall also be complied. The order reads thus:

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" Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to nonavailability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of

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his/her actual release. "

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It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.

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Order Date :- 10.9.2020 Abhilash

Waseem @ Naseem @ Kallo v. State of U.P.

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Waseem @ Naseem @ Kallo v. State of U.P.

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