Sunday, September 25, 2022

Allahabad High Court grants bail to NDPS accused in jail since 2018

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The Allahabad High Court has granted bail to Vinay Kumar, who has been in jail since December 17, 2018, under the NDPS Act.

A single-judge bench of Justice Vivek Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Vinay Kumar.

It has been contended by the counsel for the applicant that the applicant has been falsely implicated in the case due to ulterior motives.

It is next contended that the trial is not proceeding and prosecution witnesses till date have not been examined. Applicant claims parity with co-accused Gulfam and Prashant Kumar, who have been enlarged on bail by the coordinate Bench of the Court orders dated 11.3.2022 and 5.3.2022 in Criminal Misc Bail Application, hence the applicant is also entitled to be enlarged on bail.

It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.

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It has also been submitted that the applicant is languishing in jail since 17.12.2018. It has been pointed out that the applicant has no criminal history.

“Having heard the submissions of the Counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v State of U.P and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail,” the Court observed.

The Court ordered,

Let the applicant- Vinay Kumar, involved in Case under Sections- 8/20/27-A/29 of N.D.P.S Act, Police Station- Vaidhpura, District- Etawah, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(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.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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