Allowed

Kallu v. State of U.P.

Allahabad HC13 Jul 2022BAIL/13943/2022

Case brief

AI extract

What is this about?

Single judge court allowed bail to the criminal applicant in a case under the NDPS Act. The court noted the absence of independent witnesses and awaited forensic report but did not express an opinion on the merits of the impugned case before granting bail subject to specific conditions regarding cooperation, attendance, and conduct.

What did the court decide?

Release of applicant Kallu on bail on personal bond and two local sureties of like amount subject to specified conditions of conduct and attendance.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13943 of 2022

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Applicant :- Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.

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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. 88 of 2022, under Section 8/22 NDPS Act, P.S. Hariparvat, District Agra.

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Learned counsel for the applicant submits that as per FIR, on 08.03.2022 at 2.30 hours from the bag of applicant 350 gram alprazolam powder alleged to have been recovered. He further submits that there is no independent witness of the recovery. He has been falsely implicated in this case. Applicant has criminal history of two more cases, which is disclosed in the FIR itself. There is no evidence to connect the recovered material to be alprozolam powder. 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 08.03.2022.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that 350 gram commercial quantity of alprazolam power has been recovered from the bag of the applicant, there is no reason to falsely implicate the applicant. Forensic report is still awaited.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, no independent witness of recovery, awaiting forensic report and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Kallu 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

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pressurize/intimidate the prosecution witnesses and will cooperate with the trial.

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(ii) 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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(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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Order Date :- 13.7.2022 MAA/-

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Digitally signed by MOHAMMAD AZAD ANSARI Date: 2022.07.13 16:58:13 IST Reason: Location: High Court of Judicature at Allahabad

Kallu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kallu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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