Bail allowed in NDPS case where Section 50 compliance not substantively met and reliance on extra-judicial confession; Section 37 conditions satisfied.
Bail granted on personal bond and two sureties with conditions ¶¶16
There does not appear to be substantive compliance of Section 50 NDPS Act ¶¶14
Neutral Citation No. - 2025:AHC-LKO:16485
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2419 of 2025
Applicant :- Ashok Yadav Alias Pradhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dilip Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
He submits that involvement of the applicant is only on the basis of extra judicial confessional statement which even otherwise is inadmissible as per the Evidence Act. It is also submitted that the previous criminal history of the applicant has been explained in paragraph 19 of the affidavit filed in support of the application and he is languishing in jail since 01.03.2025.
submission that a bare perusal of the FIR clearly indicates the involvement of applicant and recovery of illegal narcotics from his person. It is also stated that substantial compliance of Section 50 NDPS Act has also been indicated.
9. Accordingly bail application is allowed .
(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.
Order Date :- 21.3.2025 Renu/-
Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the applicant is entitled to bail having regard to the conditions of Section 37 of the NDPS Act¶¶15
8 provisions across 5 enactments
How this case reached the court
FIR registered under Case Crime No. 45 of 2025 under Sections 8/20(b)(2b)/27A/29/60(3) NDPS Act at P.S. Deeh, District Raebareli¶¶8
P.S. Deeh, District Raebareli · 2025
Police apprehended white Innova Car bearing no. UP 42 BC 2078 and recovered narcotics from applicant and co-accused; applicant in jail since 01.03.2025¶¶9
Applicant languishing in jail since 01.03.2025¶¶11
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
