Idrish v. State of U.P.
Case brief
What is this about?
The High Court allowed the bail application of Idrish, accused in an N.D.P.S. case, directing his trial court to expedite the trial within six months and imposing standard bail conditions.
What did the court decide?
Release on personal bond and two heavy sureties; trial to be concluded within six months.
What the court decided
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11571 of 2023
Applicant :- Idrish Opposite Party :- State of U.P. Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard Sri Mrityunjay Dwivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.466 of 2022, under Section 21/22 of N.D.P.S. Act, Police Station Delhi Gate, District Aligarh during pendency of the trial.
It is contended by learned counsel for the applicant that the applicant was not named in the FIR was already on bail in the aforesaid matter vide order dated 08.07.2011. However, during the trial proceedings, the applicant failed to appear before the court below, hence, non bailable warrant were issued as well as proceedings under Section 82 Cr.P.C. were initiated and notices were issued to the sureties on the same date i.e. 26.07.2022. The applicant is in jail since 02.02.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the aforesaid facts.
Issues for consideration
1 issue framed by the court
Whether the applicant, who was in jail due to non-appearance during trial under the N.D.P.S. Act, should be released on bail.
Parties & counsel
- applicant
Idrish
Coram
Nand Prabha Shukla
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/11571/2023
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