In a bail application under the NDPS Act, the Allahabad High Court dismissed opposition and allowed bail for the applicant, noting the bail of a co-accused and non-compliance of mandatory procedures.
The applicant is released on bail upon furnishing a personal bond and two sureties each in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:55620
Court No. - 32
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8647 of 2024
Applicant :- Akhilesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko.
Counsel for Applicant :- Shresth Agarwal,Salma Bano Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
4.It has been submitted by learned counsel for the applicant that 60 grams of Smack powder is alleged to have been recovered from the possession of the applicant, which is below the commercial quantity. He has further submitted that there is non compliance of mandatory provision of Section 50 of N.D.P.S. Act because search of the applicant has not been done before the Gazetted Officer and out of coercion, search and seizure has been made by the police. He has further submitted that there is no independent eye witness of search and seizure and false recovery of contraband substance has been made. He has been falsely implicated in the present case. Learned counsel for the applicant has submitted that co-accused Nanku has been granted bail by this Court vide order dated 06.10.2023 passed in Criminal Misc. Bail Application No.11982 of 2023. It has been submitted by learned counsel for the applicant that the case of the applicant is better footing than that of co-accused Nanku, who has already been granted bail by this Court. The applicant is in jail since 15.06.2023.
could not dispute the fact that co-accused Nanku has been granted bail by this Court.
7. The bail application of the applicant is allowed .
8. Let applicant, namely, Akhilesh , be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under
Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.
(Brij Raj Singh, J.)
Order Date :- 12.8.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant who is in jail since 15.06.2023 is entitled to be released on bail.
6 provisions across 3 enactments
Akhilesh
Brij Raj Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
