Allowed

Arshad v. State of U.P.

Allahabad HC4 Jan 2021BAIL/32368/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant accused under the N.D.P.S. Act and related provisions. The order was made despite the lack of compliance with mandatory procedural safeguards, subjecting the release to strict conditions requiring the applicant to cooperate with the trial and remain present, with penalties for defaults including proclamation and prosecution.

What did the court decide?

Enlarged on bail by executing a personal bond and two sureties; bound by conditions regarding presence, cooperation in trial, and prohibition of criminal activity.

Arshad 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. - 32368 of 2020

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Applicant :- Arshad Opposite Party :- State of U.P. Counsel for Applicant :- Gauri Dubey,Ajay Tripathi,Gautam Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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Learned counsel for the applicant submitted that 120 Grams Alprazolam is alleged to be recovered from the possession of the applicant. The applicant is innocent, he has not committed the alleged offence, but he has been falsely implicated in the present case. There is no compliance of mandatory provision of Sections 50, 51 and 52 of the N.D.P.S. Act and there is no independent witness of the incident. Criminal history of certain cases has been explained in which applicant has already been granted bail. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 08.07.2020, undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Arshad , involved in Case Crime No. 366 of 2020, under Section- 269, 270 IPC, Section 21, 22 of N.D.P.S. Act, Section 3 Epidemic Disease Act and Section 51, 57 of Disaster Management Act, Police StationKotwali, District -Etawah, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfillment of following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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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 shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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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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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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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 :- 4.1.2021 Sartaj

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Digitally signed by Justice Neeraj Tiwari Date: 2021.01.04 17:18:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Arshad v. State of U.P.

Case brief

What is this about?

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Arshad v. State of U.P.

Case brief

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