Allowed

Janki Prasad Verma v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko and

Allahabad HC19 Jun 2024BAIL/6469/2024

Case brief

AI extract

What is this about?

The Court granted bail to the applicant, Janki Prasad Verma, convicted under the N.D.P.S. Act. The relief was based on the finding that the mandatory requirement of presenting the alleged contraband sample for analysis before a Magistrate under Section 52-A of the N.D.P.S. Act was not complied with by the prosecution.

What did the court decide?

Released on bail on personal bond and two sureties subject to specific conditions.

Janki Prasad Verma vs State of U.P. Thru. the Prin. Secy… — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43579

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6469 of 2024

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Applicant :- Janki Prasad Verma Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko And Counsel for Applicant :- Balak Ram Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant in Case Crime No. 212 of 2024 under Section 8/21 N.D.P.S. Act, Police Station- Kot. Akbarpur, DistrictAmbedkar Nagar, with a prayer to enlarge him on bail.

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Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case by showing false recovery of alleged contraband. He further submits that the applicant does not have any criminal antecedent prior to lodging of the present case and this case was lodged by police officials only with the intention to show good work. He further submits that it is admitted case of the prosecution that the sample was not taken in accordance with the provisions of Section 52-A of N.D.P.S. Act before learned Magistrate. He further submits that the charge-sheet has already been filed and the applicant is in jail since 14.04.2024, hence, he may be enlarged on bail.

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Learned A.G.A. vehemently opposes the prayer for grant of bail to the applicant and submits that there is no illegality in the arrest as well as recovery as the alleged contraband was recovered from the possession of the applicant and mandatory provisions of Section 50 of N.D.P.S. Act were complied with.

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Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of the bail application, F.I.R. as well as other relevant documents; it is evident that sample of the alleged contraband was not taken before the Magistrate in accordance with the provisions of Section 52-A of N.D.P.S. Act. Thus, this is a fit case for bail and the applicant is entitled to be released on bail.

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Let the applicant- Janki Prasad Verma who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

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(iv) 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 IPC.

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(v) 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., may be issued and if 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 IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 19.6.2024 Arpan

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

Janki Prasad Verma v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko and

Case brief

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Janki Prasad Verma v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko and

Case brief

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