Allowed

Islam v. Union of India

Allahabad HC3 Jul 2018BAIL/12001/2018

Case brief

AI extract

What is this about?

Bail application allowed. Applicant Islam arrested under NDPS Act for alleged possession of charas. No recovery made from him; evidence limited to co-accused statement. Court held case covered under Section 30 NDPS Act and granted bail on conditions.

What did the court decide?

Bail granted on furnishing personal bond and two sureties subject to conditions restraining tampering, intimidation, and repeat offences.

Islam Vs Union of India — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12001 of 2018

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Applicant :- Islam Opposite Party :- Union Of India Counsel for Applicant :- Dr. C.P. Upadhyay,Ch. Dil Nisar Counsel for Opposite Party :- Sanjay Kumar Singh

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State, and perused the record.

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According to prosecution case, Prakash Singh @ Kamlesh Kumar, Vindhyachal Pal and Ravi Kumar have been arrested on spot by Central Bureau of Narcotics on 17.6.2017 and 202.5 kg. 'charas' was recovered from the possession of Prakash Singh and Vindhyachal Pal. Accused Ravi Kumar was only carrier. On the statement of Ravi Kumar, name of this accused was surfaced. Thereafter statement of Islam was also recorded on 17.7.2017.

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It is submitted by learned counsel for the applicant that coaccused Ravi Kumar has already been enlarged on bail by coordinate Bench of this Court vide order dated 21.5.2018 passed in Criminal Misc. Bail Application No.9169 of 2018 and the case of this accused Islam is not grievous than the case of Ravi Kumar. Bail order of Ravi Kumar produced before the Court during argument, is taken on record. There is no evidence against this accused except confessional statement of Ravi Kumar as well as himself. The applicant is languishing in jail since 17.7.2017(about one year) having no criminal history. No recovery was made from the possession of this accused. Learned counsel for the applicant also referred to the provisions of Section 30 of the N.D.P.S. Act and argued that if the entire prosecution case is taken into consideration, then also case of the present applicant is covered under Section 30 of the N.D.P.S. Act. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, Sri Sanjay Kumar Singh, Special Public Prosecutor(Narcotics) opposed the prayer for bail but admitted that the applicant has no criminal history under N.D.P.S. Act

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let applicant Islam involved in Case Crime No.01 of 2017, under Section 8,20, 29 of N.D.P.S. Act, Police Station C.B.N., New Delhi be released on bail on 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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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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

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Order Date :- 3.7.2018 P.P.

Islam v. Union of India

Case brief

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What did the court decide?

Islam v. Union of India

Case brief

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