Allowed

shesh mani alias dev raj patel and another v. State of U.P.

Allahabad HC1 Aug 2018BAIL/3775/2018

Case brief

AI extract

What is this about?

The High Court allowed bail to two accused charged under NDPS Act without expressing an opinion on the merits, relying on Dataram Singh guidelines on pre-trial entitlement and issuing standard conditions to ensure witness protection and non-reoffending.

What did the court decide?

Bail granted to Shesh Mani alias Dev Raj Patel and Vijay Kumar Pal on furnishing personal bond and two sureties each.

shesh mani alias dev raj patel and another Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3775 of 2018

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Applicant :- Shesh Mani Alias Dev Raj Patel And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Nath Tripathi,Rakesh Nath Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicants, Shesh Mani alias Dev Raj Patel and Vijay Kumar Patel alias Vijay Pal with a prayer to release them on bail in Case Crime No. 430 of 2017, under Sections 8/20 N.D.P.S. Act, Police Station Padari, DistrictMirzapur, during pendency of trial.

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It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive. The argument is that applicants have been falsely implicated in this case because of collusion of Swift Dzire Car of S.H.O. and applicants' Mahendra XUV. The applicant is languishing in jail since 27.10.2017.The applicants have no criminal history prior to this case. In case, the applicant is released on bail, they will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant s Shesh Mani alias Dev Raj

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Patel and Vijay Kumar Pal involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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, status 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 :- 1.8.2018 Atul kr. sri.

shesh mani alias dev raj patel and another v. State of U.P.

Case brief

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shesh mani alias dev raj patel and another v. State of U.P.

Case brief

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