Allowed

Ved Prakash Upadhyay v. State of U.P.

Allahabad HC4 Aug 2021BAIL/18283/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Ved Prakash Upadhyay in an NDPS case involving ganja recovery. The court granted bail on identical grounds as a co-accused who was previously released, without adjudicating the merits of the case, and imposed standard conditions regarding surrender, presence, and conduct during trial.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two local sureties of like amount, subject to conditions of presence, non-tampering, and cooperation with the trial.

Ved Prakash Upadhyay Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18283 of 2021

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Applicant :- Ved Prakash Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Pandey,Suraj Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.288 of 2020, under Section 8/20 N.D.P.S. Act, P.S. Mughal Sarai, District Chandauli.

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Learned counsel for the applicant submits that according to F.I.R. version in the intervening night of 07/08.08.2020 at about 4:00 p.m. from a Pickup No. UP 65 CT 1220, 12 packets ganja and from vehicle No. UP AB 1110 in which applicant, coaccused Ranjit Dubey and Ranjit Kumar were present along with 10 packets ganja, total 225.30 kg ganja alleged to have been recovered. He further submits that the recovery was planted in the vehicle of the applicant. At the same time a case was also registered in which he has been granted bail. He further submits that the co-accused Ranjit Dubey has been enlarged on bail by co-ordinate Bench of this Court vide order dated 23.07.2020 in Criminal Misc. Bail Application No.38395 of 2020, therefore, the applicant is also entitled for bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and is languishing in jail since 08.08.2020.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, on identical footing co-accused Ranjit Dubey enlarged on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Ved Prakash Upadhyay involved in aforesaid case crime be released on bail

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on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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

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Order Date :- 4.8.2021 Jitendra

Ved Prakash Upadhyay v. State of U.P.

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Ved Prakash Upadhyay v. State of U.P.

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