Allowed

Nathanlal @ Radhe Kol v. State of U.P.

Allahabad HC2 Feb 2022BAIL/1365/2022

Case brief

AI extract

What is this about?

The Hon'ble Court granted bail to the applicant in a Narcotics case. The Court noted the absence of independent public witnesses, lack of criminal history, and non-compliance with Section 50 N.D.P.S. Act. Conditional grant included appearance requirements and prohibition against tampering with evidence.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties, subject to specific additional conditions.

Nathanlal @ Radhe Kol Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1365 of 2022

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Applicant :- Nathanlal @ Radhe Kol Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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

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The applicant is seeking enlargement on bail in Case Crime No. 0132 of 2021 under sections 08/20(a)/25 N.D.P.S. Act, Police Station-Manikpur, District Chitrakoot.

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It is alleged that there is no independent public witness of the alleged offence and the applicant has no criminal history. It is further submitted that the alleged recovery of Ganja being 5 kg. 400 grams is much below the commercial quantity. It is also contended that section 50 of the N.D.P.S. Act has also not been complied with.

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Learned counsel further submits that the applicant is already in jail since 10.12.2021 and the trial in the matter is not likely to be concluded shortly particularly in view of the ongoing COVID-19 pandemic. Learned counsel also submits that the applicant shall co-operate in the trial and would also not influence the witnesses.

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Learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Let applicant Nathanlal @ Radhe Kol be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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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(iii) 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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(iv) 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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(v) 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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Order Date :- 2.2.2022 Sachin Tiwari/-

Nathanlal @ Radhe Kol v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nathanlal @ Radhe Kol v. State of U.P.

Case brief

What is this about?

What did the court decide?

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