Allowed

Sukhram v. State of U.P.

Allahabad HC5 Mar 2019BAIL/26251/2017

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Sukhram, charged under the N.D.P.S. Act and IPC, emphasizing his detention duration and the alleged procedural lapses in recovery, while imposing standard conditions to ensure cooperation and evidence safety.

What did the court decide?

The applicant was ordered to be released on bail by furnishing a personal bond and two heavy sureties (one local) subject to specific conditions regarding evidence tampering and trial cooperation.

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

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26251 of 2017

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Applicant :- Sukhram Opposite Party :- State Of U.P. Counsel for Applicant :- Ghazala Bano Quadri,Satish Chandra Sinha Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Ms. Ghazala Bano Quadri, learned counsel for the applicant and learned AGA for the State.

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This application for seeking bail moved by the applicant involved in the Case Crime No.38 of 2016, under Section 8/20 N.D.P.S. Act and Sections 468, 471 I.P.C., Police Station Babhni, District Sonbhadra.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. Recovery of 2 quintal 65 Kg. Ganja is alleged to be made from the possession of the applicant by police in 14 bags on 28.2.2016 at about 10:30 P.M. It has further contended that compliance of the provisions of Sections 42, 47 and 50 of the N.D.P.S. Act had not been made at the time of alleged recovery and arrest of the applicant. There is no independent witness of the said recovery. The applicant has no criminal history and he is languishing in jail since 28.2.2016 i.e. more than three years and he undertakes that if he is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. vehemently opposed the prayer of bail and submitted that huge quantity of Ganja has been recovered from the possession of the applicant that cannot be falsely implanted by the police.

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Considering the entire facts and circumstances of the case, submissions made by both the parties, severity of punishment, detention of applicant and without expressing any opinion on the merits of the case, I am of the view that the applicant deserves bail.

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Let the applicant Sukhram be released on bail in the aforesaid case crime on his furnishing a personal bond and two heavy sureties, at least one local surety, each in the like amount to the satisfaction of the court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence or threaten the witnesses.

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(ii) The applicant shall co-operate with the investigation, trial and shall not seek any adjournment on the dates fixed for charge, evidence and statements under Section 313 Cr.P.C. when the witnesses are present in the court.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of the applicant as well as the sureties will be verified by the court concerned before releasing him on bail and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 5.3.2019 Vivek Kr.

Sukhram v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sukhram v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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