Sundar @ Mongali Vs State of Up — Narcotics (NDPS) | Allahabad HC (2020)

Sundar @ Mongali Vs State of Up — Narcotics (NDPS) | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Bail granted to applicant Sundar @ Mongali in Case Crime No. 418 of 2020 under Sections 8/20 NDPS Act, Police Station Dadri, district Gautam Budh Nagar, on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to ten conditions including: no inducement/threat to witnesses and no tampering with prosecution evidence; honest cooperation in trial without seeking adjournments; no criminal activity while on bail; personal appearance on every fixed date (failure permitting action under Section 229-A Cr.P.C.); proceedings under Section 82 Cr.P.C. and Section 174-A IPC if bail is misused and the applicant fails to appear despite proclamation; personal presence at the time of framing of charge, under Section 313 Cr.P.C. and at the stage of arguments; interim protection pending compliance with directions of the committee constituted by the Hon'ble Supreme Court; and uploading of a computer-generated copy of the order downloaded from the official website of the High Court, Lucknow Bench, whose correctness the concerned court is to verify in writing.

Issue for consideration

Whether the applicant Sundar @ Mongali, arraigned in Case Crime No. 418 of 2020 under Sections 8/20 of the NDPS Act (Police Station Dadri, district Gautam Budh Nagar), is entitled to release on bail, notwithstanding the limitations applicable while considering bail under Section 37 of the NDPS Act.

Court's answer

Keeping in view the facts of the case, and in view of the decision of the Hon'ble Supreme Court in Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, the magnificence of Article 21 of the Constitution of India, the nature of accusations, the nature of material in support, the severity of punishment, the character and circumstances of the accused-applicant, the likelihood of securing his presence, the apprehension of tampering with evidence, and the larger interest of the public/State and other circumstances, without expressing any opinion on merits, this is a fit case for grant of bail.

Ratio / Principle

Without any comment on the merits of the case, the applicant is directed to be released on bail in the aforesaid crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the enumerated conditions (paras 12-23), breach of any of which shall be a ground for cancellation of bail.

Detailed headnote1 paragraphs

Bail — NDPS Act, Sections 8/20 — applicant Sundar @ Mongali arraigned in Case Crime No. 418 of 2020, Police Station Dadri, district Gautam Budh Nagar; in judicial custody since 11-08-2020; co-accused Satish (Bail Application No. 24444 of 2020, order dated 14-10-2020) and co-accused Rinku @ Rinku Kumar (Bail Application No. 36208 of 2020, order dated 09-11-2020) already enlarged on bail by this Court. Relying on Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, and weighing Article 21 of the Constitution, the nature of accusations, the material in support, the severity of punishment, the character and circumstances of the accused, the likelihood of securing his presence, the apprehension of tampering with evidence and the larger public interest, and without expressing any opinion on merits, the High Court (Gautam Chowdhary, J.) held it a fit case for bail. Applicant released on personal bond and two sureties each in the like amount, subject to conditions including non-tampering with evidence, attendance on all dates, presence at framing of charge, at the Section 313 Cr.P.C. examination and at arguments; breach of conditions to be a ground for cancellation.