Allowed

Rakesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lucknow

Allahabad HC13 Sept 2024/10181/2023

Case brief

AI extract

What is this about?

Hon'ble Pankaj Bhatia, J. allowed the main bail application of Rakesh Kumar accused under Sections 8/20 of the NDPS Act. The court adopted the reasoning used for co-accused, noting no criminal history, two witnesses examined only, and prolonged custody, granting regular bail.

What did the court decide?

Release on regular bail upon furnishing personal bond and two sureties of Rs.20,000/- each.

Rakesh Kumar Vs State of U.P. Thru. Prin. Secy. Home… — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63577

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10181 of 2023

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Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow Counsel for Applicant :- Amol Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.193 of 2023, under Sections 8/20 of NDPS Act, Police Station Dahi, District Unnao.

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3 . A mention was made in the morning for calling the short term bail, which was moved on account of death of the wife of the applicant on 12.09.2024 and the cremation is to be held today i.e. 13.09.2024 and after that the other rituals are to be performed.

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4 . While hearing the short term bail, the Counsel for the applicant was asked to address on the main bail application also.

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5 . The Counsel for the applicant states that on the basis of the search carried out on 05.07.2023, from the vehicle allegedly driven by the applicant, 198 kilograms and 100 grams of Ganja was allegedly recovered. He argues that six accused including the applicant were apprehended and linked with the said recovery. He further argues that five of the co-accused have been enlarged on bail vide separate orders, which are on record through supplementary affidavit. He argues that the applicant is in custody since 05.07.2023 and only two witnesses have been examined so far, as such, there is no likelihood of the trial being concluded in near future.

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6. Learned A.G.A. vehemently opposed the bail prayer.

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7. Considering the submissions of the Counsel for the applicant as well as the learned A.G.A. on the main bail application, instead of deciding the short term bail, I intend to decide the

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main bail application itself and, considering and adopting the same reasoning recorded in the bail orders of the five coaccused particularly in order dated 31.07.2023 coupled with the fact that the applicant is in custody since 05.07.2023 and has no criminal history under NDPS Act and there is no likelihood of the trial being concluded in near future, I am of the view that the applicant is entitled to be released on regular bail. Accordingly, the bail application is allowed .

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8. Let the applicant Rakesh Kumar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order on I.A. No.13 of 2024 (Short term bail application)

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9. In view of the order passed on the main bail application, there is no need to pass order on short term bail application. Accordingly, the short term bail application is disposed off .

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Order Date :- 13.9.2024 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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