Allowed

Shabbir Sheikh v. State of U.P.

Allahabad HC23 Sept 2019BAIL/11869/2019

Case brief

AI extract

What is this about?

This order grants the third bail application of Shabbir Sheikh in an NDPS case. The court found that while no opinion was expressed on merits, a prima facie case for bail existed due to delay in trial and specific directions given earlier. Bail was granted with standard conditions to prevent tampering with evidence and ensure appearance in court.

What did the court decide?

The applicant was released on bail upon executing a personal bond and providing two sureties with conditions not to tamper with evidence, threaten witnesses, commit similar offences, or dissuade coope

Shabbir Sheikh Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11869 of 2019

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Applicant :- Shabbir Sheikh Opposite Party :- State Of U.P. Counsel for Applicant :- Pramod K. Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard Sri Pramod K. Gupta, learned counsel for the applicant and Sri V.K. Pandey, learned AGA for the State.

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Applicant has moved the present third bail application seeking bail in Case Crime No. 369 of 2016 u/s 8/18 NDPS Act PS GRP Mughalsarai District Chandauli (ST No.54 of 2016 State vs Shabbir Sheikh pending in the court of Addl. District Judge/FTC Court No.2 Chandauli. The first and the second bail applications of the applicant were rejected by this Court vide orders dated 12.5.2016 and 31.7.2017 respectively.

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Contention of the learned counsel for the applicant is that while rejecting the second bail a specific direction was issued by this Court to the court concerned to conclude the trial within a period of one year from the date of production of the certified copy of the order. A copy of that order was filed before court concerned on 14.9.2017, however till date the trial has not been concluded. Further contention is that as per the report of the Forensic Science Laboratory, Varanasi, copy of which has been annexed at page 26, the percentage of opium was found 3.78. Contention is that applicant is in jail since 7.4.2016 with no criminal history and there is no likelihood of the trial being concluded at an early date and till date not a single witness has been examined.

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Learned AGA has opposed the bail application of the applicant.

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In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Shabbir Sheikh involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing 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 not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence

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of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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Order Date :- 23.9.2019 SP

Shabbir Sheikh v. State of U.P.

Case brief

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Shabbir Sheikh v. State of U.P.

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