Allowed

Chameli Devi v. State of U.P.

Allahabad HC1 Feb 2021BAIL/4321/2021

Case brief

AI extract

What is this about?

Single judge allowed bail to Chameli Devi in an N.D.P.S. case involving alleged possession of ganja. The court imposed stringent conditions including personal appearance, bans on seeking adjournments, and provisions for arrest proclamation if the applicant misuses liberty, explicitly avoiding any expression on merits.

What did the court decide?

Release of applicant Chamel Devi on bail by furnishing personal bond and two sureties subject to strict conditions.

Chameli Devi 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. - 4321 of 2021

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Applicant :- Chameli Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey,Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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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 Chameli Devi with a prayer to release her on bail in Case Crime No. 148 of 2020, under Section 8/20 of N.D.P.S. Act,police station Anpara, district Sonebhadra during the pendency of trial.

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Learned counsel for the applicant has contended that 3 Kgs and 600 gm. of ganja is alleged to have been recovered from the possession of the applicant, which is below the commercial quantity, therefore provisions of Section 37 of the N.D.P.S. Act is not attracted in this case. In fact no such recovery was effected from the applicant. It is also argued that the applicant is a lady and absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize her. The applicant is in jail since 8.11.2020. The applicant has a criminal history of one case being case crime No. 145 of 2019, in which police has shown the recovery of 1 Kg and 200 gms of ganja from the possession of the applicant and the applicant in the said case has already been enlarged on bail by the Additional Sessions Judge, Fast Track Court, Sonbhadra vide order dated 3.8.2019 and copy of the same has been appended as annexure No. 1 to the supplementary affidavit filed in support of the application. In case the applicant is released on bail she will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail

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prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at 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 she 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 Chameli Devi involved in the aforesaid case, be released on bail on her 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her 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 her, 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

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against her 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 :- 1.2.2021 Sumaira

Chameli Devi v. State of U.P.

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Chameli Devi v. State of U.P.

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