Allowed

Gulfam v. State of U.P.

Allahabad HC5 Oct 2020BAIL/29211/2020

Case brief

AI extract

What is this about?

The Court granted bail to the applicant in a case involving N.D.P.S. Act charges. The release was contingent upon furnishing a personal bond and sureties, subject to specific conditions regarding trial cooperation and non-interference with evidence, while fully acquitting the merits of the case.

What did the court decide?

Released on bail on personal bond and two sureties subject to specific conditions including non-interference with evidence and sincere cooperation in the trial.

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

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Court No. - 91

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29211 of 2020

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Applicant :- Gulfam Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Shekhar Mishra 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, Gulfam , with a prayer to release him on bail in Case Crime No. 1010 of 2019, under Section- 21/22 of N.D.P.S. Act, Police Station- Vrindavan, District- Mathura, 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 190 gms of Alprazolam whereas no such recovery was made from him and also the mandatory provisions of Sections 50, 52, 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 8.11.2019 having no criminal history. 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 :- 5.10.2020 Vandana

Gulfam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gulfam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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