Allowed

Guddi v. State of U.P.

Allahabad HC1 Sept 2021BAIL/11609/2021

Case brief

AI extract

What is this about?

In a criminal bail application under Section 439 Cr.P.C. arising from a charge ofabet 08/21 N.D.P.S. Act, the Court held it a fit case for bail. The applicant, Guddi, was ordered released on personal bond and two sureties subject to specific conditions including attending trial dates and filing an undertaking against adjournments.

What did the court decide?

Applicant released on bail subject to personal bond, two sureties in the like amount, and several conditions including attendance and undertaking against adjournments.

Guddi Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11609 of 2021

¶3

Applicant :- Guddi Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shekhar Kumar Yadav,J.

¶5

Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record.

¶6

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 786 of 2020, under Section 08/21 N.D.P.S. Act, Police Station Surajpur, District Gautam Buddh Nagar.

¶7

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submits that 180 Gms. Alprazolam and Rs. 370/- have been recovered from the possession of the applicant, which is false and planted by the police only to harass the applicant. There is no independent witness of the alleged recovery. He further submits co-accused Saroj, who was stated to be recovered with 190 Gms. Alprazolam, has already been granted bail by the Co-ordinate Bench of this Court vide order dated 23.07.2021 passed in Criminal Misc. Bail Application No.46126 of 2020, a copy whereof has been provided during course of the argument. He further submits that since the co-accused has already been granted bail, the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 20.10.2020.

¶8

On the other hand, learned A.G.A. opposes the application for bail.

¶9

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

¶10

Let the applicant- Guddi , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶11

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

¶12

(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 IPC.

¶13

(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., may be issued and if 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 IPC.

¶14

(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

¶15

(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

¶16

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶17

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

¶18

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

¶19

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

¶20

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.

¶21

Order Date :- 1.9.2021 CS/-

Guddi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Guddi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lakhan Vs State of U.P.

Hasib Khan Vs State of U.P.

Jagdish Vs State of Up

Subhash Vs State of U.P.

Ramu Vs State of U.P.

Phool Chand and Another Vs State of U.P.