Allowed

Sumit Kumar Verma Thru. His Brother Manish Kumar v. Narcotics Control Bureau, Lucknow and Another

Allahabad HC4 Jan 2024/879/2022

Case brief

AI extract

What is this about?

Criminal Revision allowed. The single-benches quashed rejection of bail and criminal appeal orders. Released the juvenile-turned-adult on bail with personal and surety bonds, considering the co-accused adult was already granted bail. Conditions imposed to prevent evidence tampering. Case involves NDPS offense of opium recovery.

What did the court decide?

Criminal Revision allowed; impugned orders quashed; revisionist released on bail subject to personal bond and two sureties.

Sumit Kumar Verma Thru. His Brother Manish Kumar Vs… — Narcotics (NDPS) | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:972

¶2

Court No. - 27

¶3

Case :- CRIMINAL REVISION No. - 879 of 2022

¶4

Revisionist :- Sumit Kumar Verma Thru. His Brother Manish Kumar Opposite Party :- Narcotics Control Bureau, Lucknow And Another Counsel for Revisionist :- Mohd. Kumail Haider,Devendra Pratap,Pankaj Kumar Srivastava,Ravindra Nath Mishra,Sagar Singh,Shashank Shekhar Singh,Shri Ram Maurya,Suresh Kumar Mishra

¶5

Counsel for Opposite Party :- Akhilesh Kumar Awasthi,G.A.

¶6

Hon'ble Subhash Vidyarthi,J.

¶7

1. Heard Sri Shashank Shekhar Singh, learned counsel appearing for the revisionist and Sri Akhilesh Kumar Awasthi, learned counsel appearing for opposite party No.2-Narcotics Control Bureau and perused the record.

¶8

2. The instant revision has been filed under Section 102 of Juvenile Justice (Care & Protection of Children) Act, 2015 assailing the validity of the order dated 06.06.2022, passed by learned Additional Sessions Judge (POCSO Act), Court No.14, Hardoi, whereby Criminal Appeal No.26 of 2022 filed by the revisionist herein has been dismissed as well as the order dated 22.04.2022, passed by Juvenile Justice Board, Hardoi, whereby the bail application of the revisionist has been rejected.

¶9

3. As per the complaint, 4.6 kg opium was recovered from the boot of a vehicle in which 3 persons were present, including the applicant, who was juvenile at the time of incident. The only adult person present in the car was Subodh Kumar Yadav and rest both the accused persons were juveniles.

¶10

4. Co-accused, Subodh Kumar Yadav has been granted bail by means of the order dated 09.11.2023 passed by this Court in Criminal Misc Bail Application No.8208 of 2020.

¶11

5. The revisionist has no criminal history and he is languishing in custody since 12.08.2021.

¶12

6. Having considered the aforesaid facts and circumstances of the

¶13

case and keeping in view the fact that the only adult person, who was present in the car from the boot whereof alleged recovery has been made, has been granted bail and the revisionist was juvenile at the time of incident and now he has attained majority during interregnum period, and the revisionist is languishing in custody since 12.08.2021, I am of the view that the revision deserves to be allowed.

¶14

7. Accordingly, this revision stands allowed . The order dated 06.06.2022, passed by learned Additional Sessions Judge (POCSO Act), Court No.14, Hardoi, as well as the order dated 22.04.2022, passed by Juvenile Justice Board, Hardoi, are hereby quashed.

¶15

8. Let the revisionist Sumit Kumar Verma be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶16

(i) the revisionist shall not tamper with the prosecution evidence;

¶17

(ii) the revisionist shall not pressurize the prosecution witnesses;

¶18

(iii) the revisionist shall appear on each and every date fixed by the trial court.

¶19

(Subhash Vidyarthi, J.)

¶20

Order Date :- 4.1.2024 prateek

¶21

Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Sumit Kumar Verma Thru. His Brother Manish Kumar v. Narcotics Control Bureau, Lucknow and Another

Case brief

What is this about?

What did the court decide?

Sumit Kumar Verma Thru. His Brother Manish Kumar v. Narcotics Control Bureau, Lucknow and Another

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

Dr. Jitendra Pandey and Ors. Vs State of U.P. Thru. District Magistrate Faizabad and Ors.

Rohit Vishwakarma and Another Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and Others

Dharmesh Kumar Vs Smt. Anita Kumari and Another

Bablu @ Harinam Singh and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Satish Chandra Shukla Vs State of U.P. Thru. Secy. Home Civil Sectt. Lko and Another

Shahnawaz Vs State of U.P. and Ors.