Allahabad High Court
Vinod Kumar Dubey vs Union Of India (Narcotics Control ... on 24 August, 2020
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- BAIL No. - 3587 of 2020 Applicant :- Vinod Kumar Dubey Opposite Party :- Union Of India (Narcotics Control Bureau) Counsel for Applicant :- Ravi Prakash Tiwari,Parmanand Gupta Counsel for Opposite Party :- Akhilesh Kumar Awasthi Hon'ble Saurabh Lavania,J.
Heard learned counsel for the accused-applicant and Sri Akhilesh Awasthi, learned Counsel for Narcotics Control Bureau.
This first bail application has been filed by the accused-applicant Vinod Kumar Dubey who is involved in Case Crime No. 036 of 2019 under Section 8/20 (11,12)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station NCB Mahanagar, District Lucknow.
Learned Counsel for the applicant at the very outset submitted that in the present case co-accused persons namely Ravi Prakash Gupta and Rajendra Singh have already been granted bail being bail application no. 12674 of 2019 and bail application no.-2557 of 2020 by this Court vide orders dated 04.03.2020 and 05.06.2020 respectively. Thus, the present applicant is also entitled for bail on the ground of parity.
Learned Counsel for the applicant further submitted that applicant was arrested by the STF in night at around 11:00 PM on 28.08.2019 at Maya Bazar, District Faizabad. Learned Counsel for the applicant further submitted that when the accused opposed his illegal detention by the STF Officials, he alongwith the other person was forcefully dragged into the car by the STF TEAM and he was not intercepted by the staff of NCB at Lucknow as mentioned in the search memo.
Learned Counsel for the applicant further submitted that in paragraph nos. 10, 14 and 16 of the bail application, which have not been specifically denied in the counter affidavit filed on behalf of NCB, wherein it has been stated that STF arrested the applicant at Faizabad and the vehicle no. UP 32-JD 9999, was driven by the staff of STF from Faizabad to Lucknow, itself shows that entire story of search and seizure is false and fabricated.
It has also been submitted by learned Counsel for the applicant that in the instant case, the applicant has no role. The applicant reached at Maya Bajar to meet Sandeep Tiwari, where he was handed over by the STF to the Police at Rauhnai Police Station, Faizabad. Learned counsel for the applicant further submitted that applicant has no criminal history.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.
Sri Akhilesh Awasthi, learned Counsel for Narcotics Control Bureau has opposed the prayer for bail and submitted that case of the applicant is not similar with the co-accused namely Ravi Prakash Gupta and Rajendra Singh, who have been enlarged on bail. He has further submitted that 152 Kg. cannabis was recovered from the said vehicle, which is much more than commercial quantity.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, and in the light of the facts pleaded in paragraph nos. 10, 14 and 16 of the bail application of the case as also the fact that co-accused have already been released on bail and the fact that the applicant has no criminal history, also considered the twin condition mentioned in Section 37 (1) (b) of NDPS Act and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant-Vinod Kumar Dubey involved in Case Crime No.036 of 2019 under Section 8/20 (11,12)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station NCB Mahanagar, District Lucknow, 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 with the following conditions which are being imposed in the interest of justice:-
(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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.8.2020 Jyoti/-