This court allowed the bail application of Lavkush Patel, who was in jail for alleged offences under the NDPS Act, on the condition that a personal bond and sureties be furnished as directed by the trial court below.
Bail allowed on personal bond and two sureties to the satisfaction of the court below with specific conditions imposed.
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41750 of 2020
Applicant :- Lavkush Patel Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Pradeep Singh Sengar, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 0203 of 2020 at Police Station- Phulpur, District- Azamgarh on 15.08.2020, under Section 8/21, Narcotic Drugs and Psychotropic Substance Act, 1985.
The bail application of the applicant was rejected by Additional Sessions Judge/ Special Sessions Judge, Court No. 07, Azamgarh on 1.10.2020.
The applicant is in jail since 15.08.2020 pursuant to the said F.I.R.
Sri Pradeep Singh Sengar, learned counsel contends that the applicant is a labour working in New Delhi. On the fateful day he was on his way to his home town at Ballia. He undertook the journey on foot due to paucity of funds. He hitched hicked ride in the truck to reach his home town. He is neither Khalasi nor driver of the truck. The applicant has no criminal history apart from this case.
Learned A.G.A. has opposed the bail application.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Lavkush Patel be released on bail in Case Crime No. 0203 of 2020 at Police Station- Phulpur, DistrictAzamgarh, under Section 8/21, Narcotic Drugs and Psychotropic Substance Act, 1985 registered on 15.08.2020 at Police Station- Phulpur, District- Azamgarh on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(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.
(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.
(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.
(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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(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.
Order Date :- 3.12.2020 Nadeem Ahmad
1 issue framed by the court
Whether the application for bail should be allowed in the interests of justice in a retrial under the NDPS Act.
5 provisions across 3 enactments
Lavkush Patel
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
