Allowed

Ramladaite Alias Rajkumar v. State of U.P.

Allahabad HC4 Apr 2023BAIL/12073/2023

Case brief

AI extract

What is this about?

Court granted bail in an NDPS case where the applicant was not arrested at the spot and no recovery was made from his possession. Bail was allowed based on the fact that his name was disclosed only by a co-accused.

What did the court decide?

Bail released on personal bond and two sureties with conditions to appear in court, not tamper with evidence, and refrain from criminal activities.

Ramladaite Alias Rajkumar Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

¶1

Court No. - 88

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12073 of 2023

¶3

Applicant :- Ramladaite Alias Rajkumar Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Shankar Patel Counsel for Opposite Party :- G.A.

¶4

Hon'ble Sameer Jain,J.

¶5

Supplementary affidavit field today on behalf of the applicant, is taken on record.

¶6

Heard Sri Sanjay Srivastava, Advocate holding brief of Sri Ganesh Shankar Patel, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I^st for the State.

¶7

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 55 of 2023, under Section 8/18 of N.D.P.S. Act, Police Station Qadar Chowk, DistrictBudaun during pendency of the trial in the court below.

¶8

According to the present case, co-accused, Dharmendra was apprehended by the police and from his possession 1.9kg Opium was recovered and he informed the police that applicant managed to escape.

¶9

Learned counsel for the applicant submitted that applicant was neither arrested at spot nor any recovery was made from his possession and his name was disclosed in the present matter on the basis of statement of co-accused, Dharmendra and except the statement of the co-accused, Dharmendra there is no other evidence on record against the applicant. He further submitted that although applicant is having previous criminal history of one other case of N.D.P.S. Act but he has explained the criminal history in the supplementary affidavit and in the present matter applicant is in jail since 04.02.2023.

¶10

Per contra, learned AGA although opposed the prayer for bail and submitted that apart from the present case, applicant is having criminal history of one other case of N.D.P.S. Act but he could not dispute the fact that applicant was not arrested at spot and his name was disclosed by co-accused, Dharmendra, who was arrested at spot.

¶11

I have heard learned counsel for the parties and perused the record of the case.

¶12

Although applicant is having criminal history of one other case of N.D.P.S. Act but he was neither arrested at spot nor any recovery was made from his possession and it appears that his name was disclosed by co-accused, Dharmendra, who was arrested at spot, therefore, in my view, applicant is entitled to be released on bail.

¶13

In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .

¶14

Let the applicant- Ramladaite Alias Rajkumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶15

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

¶16

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

¶17

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶18

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶19

Order Date :- 4.4.2023 Aditya

¶20

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Ramladaite Alias Rajkumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ramladaite Alias Rajkumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sachin Sahni @ Santosh Sahnai Vs State of U.P.

Aditya Verma Vs State of U.P.

Rishabh Chaudhary Vs State of U.P.

Vijay Yadav @ Jeetu Yadav Vs State of U.P.

Sagar Vs State of U.P.

Rahul Gond Vs State of U.P.