Allowed

Gulab Singh v. State of U.P.

Allahabad HC19 Jul 2021BAIL/23215/2021

Case brief

AI extract

What is this about?

The court granted bail to the applicant under Sections 8/20 N.D.P.S. Act despite non-compliance with Section 50. Despite severity of punishment and witness tampering risk, reasonable apprehension did not preclude release. A personal bond with two sureties and a personal bond with two sureties was required under specific conditions regarding attendance and conduct.

What did the court decide?

Released on bail on personal bond with two sureties subject to conditions regarding attendance, conduct, and prohibition of seeking adjournments.

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

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23215 of 2021

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Applicant :- Gulab Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Tripathi,Akash Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and learned A.G.A.-I appearing for the State.

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It has been contended by the learned counsel for the applicant that 55 kg contraband article, i.e., Ganja is said to have been recovered from the possession of the applicant. He further submits that there is no compliance of mandatory provisions of Section 50 of the N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicant has no criminal history with respect to the N.D.P.S. Act. It has also been submitted that the applicant is languishing in jail since 24.3.2021. The applicant has no other reported criminal antecedent.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge and the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant- Gulab Singh involved in Case Crime No. 220 of 2021, under Section 8/20 N.D.P.S. Act, Police Station Baraut, District Baghpat, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of magistrate/court concerned, with the following conditions:-

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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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his

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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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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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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 :- 19.7.2021 Ankita

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Digitally signed by Justice Vivek Kumar Singh Date: 2021.07.20 15:49:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Gulab Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gulab Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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