Allowed

Omkar v. State of U.P. through Principal Secretary Home Department Civil Secretariat, Lucknow

Allahabad HC4 Aug 2023/3263/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Omkar, an accused charged under the N.D.P.S. Act, noting the recovered contraband was below commercial quantity and the applicant had been in custody since December 2021.

What did the court decide?

Accused to be released on bail on personal bond and two sureties with conditions regarding attendance and non-disposal of properties.

Omkar Vs State of U.P. through Principal Secretary Home… — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:51604

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Court No. - 29

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3263 of 2023

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Applicant :- Omkar Opposite Party :- State Of U.P. Through Principal Secretary Home Department Civil Secretariat, Lucknow Counsel for Applicant :- Kaushal Kishore Tewari Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Counter affidavit filed today is taken on record.

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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 present first bail application under Section 439 Cr.P.C. has been filed on behalf of the applicant in Case Crime No. 544 of 2021, under Sections 8/20 of N.D.P.S. Act, Police Station- Isha Nagar, District- Lakhimpur Kheri with the prayer to enlarge him on bail.

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Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. It is further submitted that the alleged recovered contraband is less than the commercial quantity and is slightly above than the minimum quantity. There is no public witness at the time of arrest of the applicant. No compliance of Section 50 of N.D.P.S. Act has been made. It is further submitted that the applicant is having criminal history of 18 cases in which he has already been granted bail. Applicant is languishing in jail since 19.12.2021 and if he is granted the liberty of bail he will not misuse the same and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant.

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Considering the facts and circumstances of the case and taking into account that the alleged recovered contraband is less than commercial quantity and is slightly above than the minimum quantity and the applicant is languishing in jail since 19.12.2021, and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-

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applicant on bail.

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Let applicant Omkar be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) 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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(ii) 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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(iii) 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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(iv) 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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(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

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(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.

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(vii) In case the applicant is found involved in the case of N.D.P.S. after his release, then his bail application shall automatically stands cancelled.

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Order Date :- 4.8.2023 S. Shivhare

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Omkar v. State of U.P. through Principal Secretary Home Department Civil Secretariat, Lucknow

Case brief

What is this about?

What did the court decide?

Omkar v. State of U.P. through Principal Secretary Home Department Civil Secretariat, Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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