Allowed

Dinesh Kumar Seth v. State of U.P.

Allahabad HC7 Jun 2021BAIL/4491/2021

Case brief

AI extract

What is this about?

In a bail application under the N.D.P.S. Act, the High Court at Allahabad considered arguments regarding false implication and lack of public witnesses. The court allowed bail subject to standard conditions regarding surety and attendance.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two local sureties on specific conditions of undertaking and attendance.

Dinesh Kumar Seth Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4491 of 2021

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Applicant :- Dinesh Kumar Seth Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.440 of 2020, under Section 8/22 N.D.P.S. Act, P.S. Mughalsarai , District Chandauli .

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Learned counsel for the applicant submits that according to prosecution version, on 25.11.2020 at 19.45 hours 125 gm Alprazolam was recovered from the possession of the applicant. He further submits that recovery has been made from a public place at the crossing but there is no public witness in the case. Applicant has no criminal history and he has been falsely implicated in the present case because some hot talk had taken place between him and police personnel. He also submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 26.11.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant- Dinesh Kumar Seth involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will

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cooperate with the trial. The applicant 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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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

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Order Date :- 7.6.2021 MAA/-

Dinesh Kumar Seth v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dinesh Kumar Seth v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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