In a bail application under the N.D.P.S. Act, the court granted bail to the applicant despite him being in jail, subject to a personal bond and two sureties. The order imposed standard conditions to prevent tampering with evidence and ensure trial attendance.
Enlargement of the applicant on bail on executing a personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25478 of 2020
Applicant :- Sanjay Kumar Sonker Opposite Party :- State of U.P. Counsel for Applicant :- Rashid Ali,Yatharth Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submitted that 92.30 Grams Heroine is alleged to be recovered from the possession of the applicant which is below the commercial quantity. The applicant is innocent, he has not committed the alleged offence, but he has been falsely implicated in the present case. There is no compliance of mandatory provision of Sections 50, 51 and 52 of the N.D.P.S. Act and there is no independent witness of the incident. There is criminal history of one case which has been explained in the affidavit. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 07.06.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Sanjay Kumar Sonker , involved in Case Crime No. 47 of 2020, under Section8/22 of N.D.P.S. Act, Police Station- Karma, District -Sonbhadra, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfillment of following conditions:-
investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 18.9.2020 Sartaj
Digitally signed by Justice Neeraj Tiwari Date: 2020.09.18 14:37:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to a conditional bail under the N.D.P.S. Act given the alleged recovery of heroine below commercial quantity.
Whether bail can be granted subject to personal bond and sureties solely to secure presence and prevent tampering of evidence.
7 provisions across 3 enactments
Sanjay Kumar Sonker
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
