Allowed¶9

Zahid v. State of U.P.

Allahabad HC6 Oct 2020BAIL/28653/2020

Case brief

AI extract

What is this about?

Allahabad High Court bail order dated 6.10.2020 by Justice Gautam Chowdhary granting bail to Zahid in Case Crime No. 290 of 2020 under Sections 8/21 NDPS Act, P.S. Bhojpur, Ghaziabad (alleged 176 gms Alprazolam powder and 10 tablets recovery); counsel for applicant Syed Ali Imam; State represented by G.A.; reliance on Article 21 of the Constitution and Dataram Singh v. State of U.P. (2018) 3 SCC 22; conditions include no witness intimidation, cooperation without adjournments, effectivity after any short-term bail, and interim release on personal bond without sureties till normal court functioning resumes; applicant in jail since 22.7.2020.

What did the court decide?

Bail granted to applicant Zahid on a personal bond and two sureties each in the like amount, subject to the enumerated conditions. ¶9

Zahid Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Bail granted to applicant Zahid on a personal bond and two sureties each in the like amount, subject to the enumerated conditions.

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Issue for consideration

Whether applicant Zahid, arraigned in Case Crime No. 290 of 2020 under Sections 8/21 N.D.P.S. Act (P.S. Bhojpur, District Ghaziabad), should be released on bail during pendency of trial. +1 more

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Court's answer

Applicant released on bail on furnishing a personal bond and two sureties each in the like amount, the Court having considered the material on record, the larger mandate of Article 21 and the dictum in Dataram Singh v. State of U.P., (2018) 3 SCC 22, without expressing any opinion on the merits.

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Ratio / Principle

Bail subject to conditions: no tampering with prosecution evidence or intimidating/pressurizing witnesses; sincere cooperation in trial without seeking adjournments; no indulgence in criminal activity; breach of any condition is a ground for cancellation of bail.

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Key takeaways

Where the applicant has been enlarged on short-term bail under the committee constituted per the orders of the Hon'ble Supreme Court, this bail becomes effective only after the short-term bail period ends.ratio¶13
Until normal functioning of the courts is restored, the applicant is to be enlarged on execution of personal bond without sureties; sureties to be furnished to the satisfaction of the court below within a month after normal functioning resumes.ratio¶14

Detailed headnote1 paragraphs

Bail granted — NDPS case. The High Court Allahabad (Gautam Chowdhary, J.) allowed Criminal Misc. Bail Application No. 28653 of 2020 filed by Zahid, accused in Case Crime No. 290 of 2020 under Sections 8/21 N.D.P.S. Act, P.S. Bhojpur, District Ghaziabad (alleged recovery of 176 gms of Alprazolam powder and 10 tablets; in custody since 22.7.2020). Considering the material on record, the larger mandate of Article 21 of the Constitution and the dictum in Dataram Singh v. State of U.P., (2018) 3 SCC 22, and without expressing any opinion on the merits, the Court ordered release on a personal bond with two sureties in the like amount, subject to conditions (no tampering with evidence or pressurizing witnesses, sincere cooperation without adjournments, no criminal activity; breach a ground for cancellation). If the applicant was already enlarged on short-term bail under the Supreme Court-appointed committee's orders, this bail takes effect only after that period ends. Until normal court functioning is restored, enlargement is permitted on personal bond without sureties, with sureties due within a month thereafter. Order dated 6.10.2020.

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Court No. - 91

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28653 of 2020

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Applicant :- Zahid Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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The present bail application has been filed on behalf of the applicant, Zahid , with a prayer to release him on bail in Case Crime No. 290 of 2020, under Sections- 8/21 N.D.P.S. Act, Police Station- Bhojpur, District- Ghaziabad, during pendency of trial.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive showing a false recovery of 176 gms of Alprazolam powder and 10 Tablets whereas no such recovery was made from him and also the mandatory provisions of Sections 50, 52, 55, 57 of N.D.P.S. Act were not followed. There is no independent witness of the alleged recovery. It is further contended by the learned counsel for the applicant that the applicant is languishing in jail since 22.7.2020. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.

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Learned AGA for the State has vehemently opposed the prayer for bail.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India 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 , involved in the aforesaid crime, be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his/her bail shall be effective after the period of short-term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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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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Order Date :- 6.10.2020 Vandana

Zahid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Zahid v. State of U.P.

Case brief

What is this about?

What did the court decide?

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What the court decided

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