Allowed

Niyaz Khan v. State of U.P.

Allahabad HC1 Sept 2021BAIL/19455/2021

Case brief

AI extract

What is this about?

Application for bail under Section 439 CrPC challenging an arrest and recovery under the NDPS Act. The High Court held it a fit case for bail upon furnishing a personal bond and sureties, subject to stringent conditions regarding court attendance and trial conclusion.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties subject to specific conditions. Order contains detailed conditions regarding court appearance, trial conduct, and potent

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19455 of 2021

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Applicant :- Niyaz Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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

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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. 17 of 2020, under Sections 18/20 of NDPS Act at Police Station Anwarganj, District Kanpur Nagar.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that false recovery of 200 grams Charas is shown to have been made from the possession of the accused applicant. He has further submitted that at the time of arrest, mandatory provisions of NDPS Act has not been complied with. There is no independent eye witness of the alleged recovery, which has been shown by the police. There is no criminal history against the applicant. The recovery of alleged Charas is below to the commercial quantity. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 13.2.2020.

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

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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.

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Let the applicant Niyaz Khan, 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.

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

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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 IPC.

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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., 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.

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(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.

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(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.

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

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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.

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

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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 :- 1.9.2021/A.

Niyaz Khan v. State of U.P.

Case brief

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Niyaz Khan v. State of U.P.

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