Allowed

Umesh Kumar v. State of U.P.

Allahabad HC18 Nov 2022BAIL/51698/2022

Case brief

AI extract

What is this about?

The court allowed the bail application of Umesh Kumar in a case involving 40kg ganja recovery under the NDPS Act. Relying on bail orders for identical co-accused and Article 21, the court granted release on personal and surety bond subject to specific conditions regarding court attendance and conduct.

What did the court decide?

The applicant to be released on bail on furnishing a personal bond and two sureties each of the like amount subject to fourteen specific conditions.

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

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51698 of 2022

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Applicant :- Umesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Pratap Singh Counsel for Opposite Party :- G.A

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Hon'ble Surendra Singh-I,J.

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Heard Sri Ravindra Pratap Singh, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Umesh Kumar, with a prayer to release him on bail in Case Crime No. 137 of 2022, registered under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Bahadurgarh, DistrictHapur, during pendency of trial.

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There is allegation in the first information report dated 19.05.2022 that six accused persons were arrested including the applicant from Bahadurgarh by the police and recovery of 40 kg of ganja was made from the possession of applicant.

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Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It is next submitted that the mandatory provisions contained in Section 41 and 50 of NDPS Act were not complied with while making the alleged search and recovery. It is further submitted that identically circumstanced co-accused persons, namely, Rahul, Deepak Chauhan, Sonu, Dinesh Kumar and Ishwar Singh, have been enlarged on bail by coordinate Benches of this Court vide orders dated 05.07.2022, 14.07.2022, 25.07.2022, 28.07.2022 and 29.07.2022 passed in Criminal Misc. Bail Application Nos. 26050 of 2022, 27270 of 2022, 26030 of 2022, 30414 of 2022 and 31244 of 2022 respectively. The case of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. In case of prima facie non-compliance of mandatory provision of Section 50, the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act. The applicant is languishing in jail since 19.05.2022. In case the applicant is released on bail, he will not misuse the liberty.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. However, he could not deny the submissions made on behalf of the applicant.

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Learned A.G.A. has also pointed out that the applicant has criminal antecedent of one case, namely, Case Crime No. 246 of 2022, registered under Sections 3(1) of U.P. Gangsters and Anti-Social Activities(Prevention) Act, 1986, P.S.- Bahadurgarh, District- Hapur.

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Learned counsel for the applicant has stated that the aforesaid case has been registered against the applicant after implication of the applicant in the present case.

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Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, the fact that identically circumstanced co-accused persons, namely, Rahul, Deepak Chauhan, Sonu, Dinesh Kumar and Ishwar Singh, have already been enlarged on bail, larger mandate of Article 21 of the Constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court finds it to be a fit case for bail.

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The bail application, accordingly, stands allowed.

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Let the applicant, Umesh Kumar, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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 sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail 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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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

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Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 18.11.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.11.18 18:40:32 IST Reason: Location: High Court of Judicature at Allahabad

Umesh Kumar v. State of U.P.

Case brief

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Umesh Kumar v. State of U.P.

Case brief

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