Allowed

Vijay Agarwal @ Golu @ Vijay Kaliya v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC19 Feb 2024/1840/2022

Case brief

AI extract

What is this about?

This bail application was allowed. The court granted bail to an accused charged under the NDPS Act, noting prolonged detention exceeding three years absent an FSL report and non-compliance with statutory procedural mandates, constituting a prima facie violation of Article 21.

What did the court decide?

Application allowed; applicant Vijay Agarwal released on bail in the chargesheet case subject to furnishing a personal bond and two reliable sureties.

Vijay Agarwal @ Golu @ Vijay Kaliya Vs State of U.P… — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:14381

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1840 of 2022

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Applicant :- Vijay Agarwal @ Golu @ Vijay Kaliya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arshad Jameel,Ashish Kumar Jain,Mohammad Naseem

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Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.325 of 2020 under section 18/20 NDPS Act, P.S. Mandiyaon, District Lucknow.

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In terms of the FIR, it was alleged that on the basis of a search carried out, a bag was found in the possession of the applicant in which allegedly 280 grams of morphine powder was recovered.

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It is argued by the counsel for the applicant that the applicant is in custody since 18.05.2020. It is further argued that the recovery is not in terms of the mandate of Section 50 of NDPS Act and even the mandate of Section 52-A of the Act has not been followed. He places reliance on the judgment of the Supreme Court in the case of Yusuf @ Asif vs. State, SLP No.3191 of 2023 arising out of SLP (Crl.) No.3010 of 2023 decided on 13.10.2023 as well as in the case of Rabi Prakash vs. State of Odisha decided in Special Leave to Appeal (Crl) No.4169 of 2023 to argue that the applicant continues in detention since 18.05.2020 and has no criminal antecedents of an offence under the NDPS Act, even the FSL Report has not come so far. Thus, there is no likelihood of the trial being concluded in the near future, as such, the applicant should be enlarged on bail.

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Considering the prolonged detention of more than three years and seven months coupled with the fact that as the recovery is not supported by the FSL Report, as such, considering the mandate of the judgment of the Supreme Court in the case of Rabi Prakash (supra) and finding that prolonged detention has prima-facie violated the rights of the applicant enshrined under Article 21 of the Constitution of India and the fact that the applicant has no criminal history of an offence under the NDPS Act, the applicant is entitled for the bail. Thus the bail

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application is allowed.

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Let the applicant Vijay Agarwal @ Golu @ Vijay Kaliya be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the like amount 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 Date :- 19.2.2024 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Vijay Agarwal @ Golu @ Vijay Kaliya v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

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Vijay Agarwal @ Golu @ Vijay Kaliya v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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