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Shailendra Singh Rana v. State of U.P.

Allahabad HC5 Apr 2025BAIL/11046/2025

Case brief

AI extract

What is this about?

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to five imposed conditions; breach of conditions constitutes a ground for cancellation of bail; identity and residence proof of applicant and sureties to be verified before bonds are accepted.

Shailendra Singh Rana vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Shailendra Singh Rana should be released on bail during pendency of trial in Case Crime No. 380 of 2024 under Sections 8/22/29 N.D.P.S. Act, Police Station New Agra, District Agra.

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Court's answer

Bail granted: the Court directed release of applicant Shailendra Singh Rana on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, imposing five conditions in the interest of justice (no tampering with evidence or threatening witnesses; undertaking not to seek adjournments when witnesses are present; presence before the Trial Court on each date, absence without sufficient cause inviting proceedings under S.229-A IPC; consequences flowing from proclamation under S.82 Cr.P.C., including proceedings under S.174-A IPC; mandatory in-person presence at opening of the case, framing of charge and recording of statement under S.313 Cr.P.C.). Breach of any condition is a ground for cancellation of bail; identity and residence proof of applicant and sureties to be verified before bonds are accepted.

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Ratio / Principle

The grant of bail accords with counsel's claim of parity with co-accused Hariom Dhakare, who had been granted bail by this Court on 19.3.2025; the learned AGA opposed the prayer for bail but did not dispute the claim of parity, and bail was accordingly granted.

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Detailed headnote1 paragraphs

Allahabad High Court, Court No. 47 (Siddharth, J.), Criminal Misc. Bail Application No. 11046 of 2025, decided 5.4.2025: Bail granted to applicant Shailendra Singh Rana in Case Crime No. 380 of 2024 under Sections 8/22/29 N.D.P.S. Act, Police Station New Agra, District Agra, during pendency of trial, on furnishing a personal bond and two sureties each in the like amount. The grant rested on parity with co-accused Hariom Dhakare, who was granted bail by this Court on 19.3.2025 in Criminal Misc. Bail Application No. 47206 of 2024; the learned AGA opposed the prayer but did not dispute the claim of parity. Applicant in custody since 11.01.2025. Five conditions imposed (no tampering with evidence or threatening witnesses; undertaking not to seek adjournments while witnesses are present; presence before Trial Court on each date, absence inviting proceedings under S.229-A IPC; consequences of proclamation under S.82 Cr.P.C. including proceedings under S.174-A IPC; mandatory presence at opening of case, framing of charge and S.313 Cr.P.C. statement-recording). Breach of conditions is a ground for cancellation of bail; identity and residence proof of applicant and sureties to be verified before bonds are accepted.

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Neutral Citation No. - 2025:AHC:49025

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11046 of 2025

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Applicant :- Shailendra Singh Rana Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Shailendra Singh Rana, with a prayer to release him on bail in Case Crime No. 380 of 2024, under Sections- 8/22/29 of N.D.P.S. Act, Police Station- New Agra, District- Agra during pendency of trial.

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Learned counsel for the applicant has contended that the co-accused, Hariom Dhakare, has been granted bail by this Court on 19.3.2025 in Criminal Misc. Bail Application No. 47206 of 2024. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant is languishing in jail since 11.01.2025.

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Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

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Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.

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(v) 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.

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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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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 5.4.2025 Ruchi Agrahari

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Shailendra Singh Rana v. State of U.P.

Case brief

What is this about?

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Shailendra Singh Rana v. State of U.P.

Case brief

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