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Ankit v. State of U.P.

Allahabad HC5 Nov 2020BAIL/35533/2020

Case brief

AI extract

What is this about?

Ankit v. State of U.P., Allahabad High Court, CRIMINAL MISC. BAIL APPLICATION No. 35533 of 2020, decided 5.11.2020 by Gautam Chowdhary, J. Bail under Sections 8/22 N.D.P.S. Act; Section 37 NDPS limited scope of enquiry; Section 50 NDPS compliance; independent witness to recovery; false implication; applicant in jail since 31.7.2020; relied on Union of India v. Shiv Shankar Keshari (2007) 7 SCC 798; conditions of bail including Sections 229-A and 174-A IPC and Sections 82 and 313 Cr.P.C.; Article 21 Constitution of India.

What did the court decide?

Bail granted to applicant Ankit in Case Crime No. 521 of 2020 (Sections 8/22 NDPS Act, P.S. Kotwali, Ghaziabad) on furnishing a personal bond and two reliable sureties of the like amount, subject to conditions; breach of conditions to be ground for cancellation of bail. ¶12

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Ankit, accused in Case Crime No. 521 of 2020 under Sections 8/22 N.D.P.S. Act, Police Station Kotwali, District Ghaziabad, should be released on bail during pendency of trial. +1 more

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Court's answer

Considering the facts of the case, the ratio of Union of India v. Shiv Shankar Keshari, the larger mandate of Article 21, the nature of accusations and evidence, the severity of punishment, the character of the accused, circumstances peculiar to him, the possibility of securing his presence at trial, apprehension of witness tampering, and the larger public interest, and without expressing any opinion on the merits, the court held it is a fit case for grant of bail.

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Ratio / Principle

The applicant was ordered to be released on bail on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to ten conditions (including no tampering with prosecution evidence, sincere cooperation in trial, presence before the trial court on fixed dates, and release on personal bond without sureties till normal functioning of courts is restored with sureties to be furnished within a month thereafter).

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Detailed headnote1 paragraphs

Bail granted under Sections 8/22 N.D.P.S. Act (Case Crime No. 521 of 2020, P.S. Kotwali, District Ghaziabad). Applicant in jail since 31.7.2020 with no criminal history; recovery allegedly not supported by independent witness and alleged non-compliance with Section 50 NDPS Act. Following the ratio of Union of India v. Shiv Shankar Keshari, (2007) 7 SCC 798 that a Section 37 NDPS bail enquiry is not a trial of acquittal, and weighing the nature of accusations, evidence, severity of punishment, character of the accused, and Article 21 mandate, the court held it a fit case for bail without expressing any opinion on merits, imposing conditions including no tampering with evidence, presence at trial, and furnishing of sureties after normal court functioning resumes.

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Court No. - 91

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35533 of 2020

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Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Saleem 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 and 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 Ankit with a prayer to release him on bail in Case Crime No. 521 of 2020, under Sections 8/22 N.D.P.S. Act, Police Station- Kotwali, District- Ghaziabad during pendency of trial.

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Submission of counsel for the applicant is that the amount of the contraband which has been allegedly recovered from the possession of the accused is not supported by any independent witness. Other submissions showing the falsity of the prosecution story with regard to the recovery have also been made. Further contention is that the statutory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in the right manner. The counsel has also tried to demonstrate the circumstances indicating the false implication of the applicant. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 31.7.2020 having no criminal history.

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

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The Apex Court in the Case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider

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the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.

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Considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.

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Let the aforesaid applicant, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-

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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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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall

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be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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 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.In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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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 :- 5.11.2020

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RPD

Ankit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ankit v. State of U.P.

Case brief

What is this about?

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