Allowed

Deepak Kureel v. State of U.P.

Allahabad HC10 Nov 2022BAIL/52763/2021

Case brief

AI extract

What is this about?

In a bail application regarding possession of 500 gm. Charas, the Court held that despite the severity of the offence and contrary submissions by the AGA, the applicant had made out a case for bail without expressing an opinion on the merits.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two heavy sureties subject to conditions prohibiting tampering with evidence or witnesses.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52763 of 2021

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Applicant :- Deepak Kureel Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Srivastava,Rajesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,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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As per version of the FIR, 500 gm. Charas is said to have been recovered from the possession of the applicant.

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It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. The recovery shown by the Police is less than the commercial quantity. Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. The applicant has criminal history of two cases, which he has satisfactorily explained in the bail application, in which he has already been enlarged on bail by the court concerned. The applicant is in jail since 26.03.2021. It is next urged that there is no possibility of his fleeing away from the judicial process or tampering with the witnesses and in case, he is enlarged on bail, the same shall not be abused.

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On the other hand, learned AGA opposed the prayer for bail.

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Keeping in view the quantity of recovered contraband i.e. 500 gm. Charas, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Deepak Kureel involved in Case Crime No.84 of 2021, under Section 18, 20 N.D.P.S. Act, Police Station Bithoor, District - Kanpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 10.11.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.11.11 13:45:10 IST Reason: Location: High Court of Judicature at Allahabad

Deepak Kureel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepak Kureel v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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