Allowed

Raju Dubey v. State of U.P.

Allahabad HC24 May 2022BAIL/10796/2022

Case brief

AI extract

What is this about?

In an interim bail application concerning charges under the N.D.P.S. Act for possession of Ganja, the court directed release of the applicant by granting bail on furnishing a personal bond and two heavy sureties, subject to specific undertakings regarding appearance and potential misuse of bail.

What did the court decide?

Released on bail on furnishing a personal bond and two heavy sureties subject to conditions including undertaking not to seek adjournments.

Raju Dubey Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10796 of 2022

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Applicant :- Raju Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Rejoinder affidavit filed today is taken on record.

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Heard Mr. Rahul Pandey, learned counsel for the applicant, Mr. Jai Prakash, learned A.G.A. and perused the record..

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The instant bail application has been filed on behalf of the applicant-Raju Dubey with a prayer to release him on bail in Case Crime No.313 of 2021, under Section 8/20 N.D.P.S. Act, Police Station-Malwan, District-Fatehpur, during pendency of trial.

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It is contended by learned counsel for the applicant that the applicant has been falsely implicated in the instant case. In the present case 6.500 kg. Ganja, which is below the commercial quantity, is alleged to have been recovered from the possession of the applicant. There is no compliance of Sections 41, 42, 43, 47, 50 and 57 of the N.D.P.S. Act. The prosecution story is not supported by any independent witness. The applicant is not involved in any other case of N.D.P.S. Act. It is further submitted that applicant has criminal history, which has sufficiently been explained in paragraph No.7 of the rejoinder affidavit. The applicant is in jail since 17.12.2021.

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Lastly, it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A. opposed the prayer for bail and submitted that necessary provision under section 50 of N.D.P.S.has been followed. Act and applicant has criminal history, as such he is not entitled to be released on bail.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant, and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

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Let the applicant-Raju Dubey involved in aforesaid case be released on bail on his furnishing a personal bond and two heavy surety each in the like amount to the satisfaction of the Court concerned with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that 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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Order Date :- 24.5.2022

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Digitally signed by PRITI SHARMA Date: 2022.05.24 17:13:55 IST Reason: Location: High Court of Judicature at Allahabad

Raju Dubey v. State of U.P.

Case brief

What is this about?

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Raju Dubey v. State of U.P.

Case brief

What is this about?

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