Allowed

Nirdosh @ Kalyan Singh v. State of U.P.

Allahabad HC5 Jan 2021BAIL/37971/2020

Case brief

AI extract

What is this about?

High Court allowed bail to Nirdosh @ Kalyan Singh in an undisclosed charges case under N.D.P.S. Act. The court imposed strict conditions regarding court attendance and discharge of arrestees under Cr.P.C. and IPC due to congenital criminal antecedents, without expressing an opinion on the merits.

What did the court decide?

Application allowed; applicant released on bail subject to personal bond and two sureties along with conditions for attendance and strict adherence to court dates.

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

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37971 of 2020

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Applicant :- Nirdosh @ Kalyan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Shankar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 46 of 2020, under Section 8/20 of N.D.P.S. Act, police station Kharela, district Mahoba, during the pendency of trial.

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Learned counsel for the applicant has contended that 1 Kg and 100 gm. of Ganja is alleged to have been recovered from the possession of the applicant, which is below the commercial quantity, therefore, the provisions of Section 37 of the N.D.P.S. Act are not attracted in this case. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. It is also submitted that the applicant has a criminal antecedent of seven cases and in all those cases, the applicant is on bail. It is again submitted that none of the case against the applicant is related to N.D.P.S. Act. The applicant is in jail since 21.5.2020. In case, the applicant is released on bail he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at

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pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.

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Having considered the submissions of the parties, without expressing any opinion on the merits, let the applicant Nirdosh @ Kalyan Singh involved in the aforesaid case, 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 with the following conditions that :-

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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 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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(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.

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(vii) 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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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 5.1.2021 Sumaira

Nirdosh @ Kalyan Singh v. State of U.P.

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Nirdosh @ Kalyan Singh v. State of U.P.

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