Allowed

Somvir Chaudhari @ Sonu Chaudhari v. State of U.P.

Allahabad HC2 Dec 2020BAIL/43032/2020

Case brief

AI extract

What is this about?

Held that prima facie case for bail is made out despite allegations of false implication in a narcotics recovery case. Granted bail on bond with conditions regarding presence in court and avoiding abuse of liberty.

What did the court decide?

Released on bail by furnishing personal bond and two local sureties subject to conditions of appearing in court on fixed dates and not seeking unnecessary adjournments.

Somvir Chaudhari @ Sonu Chaudhari Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2020)

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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43032 of 2020 Applicant :- Somvir Chaudhari @ Sonu Chaudhari Opposite Party :- State of U.P. Counsel for Applicant :- V.P. Singh Kashyap,Manish Kumar Kashyap Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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The present bail application has been filed by the applicant in Case Crime No. 562 of 2020 under Sections 8/20 N.D.P.C. Act and 420 I.P.C., Police Station- Shikohabad, District-Forozabad, with the prayer to enlarge the applicant on bail.

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The First Information Report of this incident was lodged by the Police official against the accused persons about the recovery of 28 KGs of Ganja from the possession of the accused applicant.

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Learned counsel for the applicant submits that the applicant is quite innocent and he has been falsely implicated. He next submits that the present accused Somvir Chaudhari @ Sonu Chaudhari and other coaccused Dip Narayan were arrested along with 28 KGs of Ganja when the police officials were checking the vehicles. He further submits that there is no public witness of the alleged recovery and the alleged recovery has been planted against the accused by the Police. He next argues that the alleged recovery has been shown from the joint possession of all the accused persons, which appears doubtful. He further submits that the applicant has nothing do with the alleged crime. The applicant is falsely implicated in the present case by the police only to harass him. Lastly, it is urged that the applicant is in jail since 14.09.2020 and in case the applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the factual submissions made by learned counsel for the applicant.

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Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed .

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Let applicant Somvir Chaudhari @ Sonu Chaudhari involved in the

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aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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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(2). 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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(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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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Order Date :- 2.12.2020/CS

Somvir Chaudhari @ Sonu Chaudhari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Somvir Chaudhari @ Sonu Chaudhari v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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