Allowed

Jagan Kumar v. State of U.P.

Allahabad HC14 Jun 2021BAIL/47059/2020

Case brief

AI extract

What is this about?

A bail application by Jagan Kumar, accused of narcotics possession, was decided by the High Court of Allahabad. The Court allowed bail, applying Sections 42 and 50 of the N.D.P.S. Act, and imposed strict conditions regarding adjournments and court presence.

What did the court decide?

Applicant Jagan Kumar released on bail on furnishing a personal bond with two sureties each, subject to specific conditions of appearance and undertaking.

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

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47059 of 2020

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Applicant :- Jagan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Arun Kumar Vishvakarma, learned counsel for the applicant and learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that 140 gram contraband article, i.e., Alprazolam is said to have been recovered from the possession of the applicant. He further submits that there is no compliance of mandatory provisions of Sections 42 and 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 25.10.2020. 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 Jagan Kumar involved in Case Crime No. 0498 of 2020, under Section 8/21 N.D.P.S. Act, Police Station Shahganj, District Agra 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 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.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 :- 14.6.2021 Arti

Jagan Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jagan Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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