Allowed

Narendra Pandey v. State of U.P.

Allahabad HC4 Feb 2022BAIL/47012/2021

Case brief

AI extract

What is this about?

This High Court allowed the bail application of Narendra Pandey in a Narcotic Drugs and Psychotropic Substances Act case. The court observed that the quantum of drugs recovered was small and the trial might be delayed due to the pandemic. Bail was granted with strict conditions regarding court appearances and prevention of witness tampering.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions against tampering with evidence and mandatory attendance in court.

Narendra Pandey 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. - 47012 of 2021

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Applicant :- Narendra Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Sachida Nand Tiwari 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 and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in case crime No.212 of 2021, under Section 8/22 of N.D.P.S. Act, Police Station Shohratgarh, District Siddharth Nagar with the prayer to enlarge him on bail.

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Contention is that the applicant has no criminal history and the alleged recovery of 28 gram Heroine is much below the commercial quantity and even the report from concerned agency has not been received, so far. It is stated that the applicant is in jail since 14.9.2021 and the trial is not likely to be concluded shortly on account of Covid-19 pandemic and, in case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned AGA 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 Narendra Pandey 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

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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 :- 4.2.2022 Anil

Narendra Pandey v. State of U.P.

Case brief

What is this about?

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Narendra Pandey v. State of U.P.

Case brief

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