Allowed

Shrawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC9 Aug 2024/4521/2023

Case brief

AI extract

What is this about?

Regular bail application under Sections 8/21/23 NDPS Act arising from recovery from a vehicle driven by the applicant. Court adopted its reasoning in a prior order enlarging the co-accused Balram Tiwari, noted absence of criminal antecedents, allowed the bail application.

What did the court decide?

Applicant released on bail on personal bond and two reliable sureties with conditions to attend hearings, not commit similar offences, and not tamper with evidence or influence witnesses.

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

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Neutral Citation No. - 2024:AHC-LKO:55134

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4521 of 2023

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Applicant :- Shrawan Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashish Kumar Singh,Anand Kumar Yadav,Pravin Kumar Verma,Vinay Kumar Dubey,Vivek Kumar Verma

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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.189 of 2022, under Sections 8/21/23 of NDPS Act, Police Station Kamrauli, District Amethi.

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3. It is argued by the Counsel for the applicant that arising out of the same recovery, one of the co-accused Balram Tiwari was enlarged on bail vide order dated 05.08.2024 passed in Criminal Misc. Bail Application No.5065 of 2023. The applicant is the driver of the vehicle from which the recovery was made, however, the discrepancies of the recovery including not following the mandate of Section 52-A of the NDPS Act squarely apply to the case of the applicant as explained in para 3 of the order dated 05.08.2024.

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

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5 . Considering the reasoning as contained in para 5 of the order dated 05.08.2024 and adopting the same in the case of the applicant also coupled withthe fact that the applicant has no criminal antecedents 13.12.2022, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Shrawan Kumar be released on bail in the aforesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount 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

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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 :- 9.8.2024 akverma

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

Shrawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

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Shrawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What the court decided

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