Allowed

Devesh Pratap Singh v. State of U.P.

Allahabad HC15 Dec 2020BAIL/41099/2020

Case brief

AI extract

What is this about?

The court allowed bail to the applicant in an N.D.P.S. case. The applicant, accused of carrying 100 gm of heroin, was granted bail with conditions. It was noted the quantity was below commercial threshold and no prior criminal history existed. Trial court to grant bail.

What did the court decide?

Released on bail with personal bond and two sureties subject to conditions of no criminal activity and regular appearance.

Devesh Pratap Singh 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. - 41099 of 2020

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Applicant :- Devesh Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anubhav Shukla,Ram Shiromani Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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

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The instant bail application has been filed on behalf of the applicant - Devesh Pratap Singh with a prayer to release him on bail in Case Crime No. 627 of 2020, under Section 8/21 of N.D.P.S. Act, Police Station- Robertsganj, District- Sonbhadra, during pendency of trial.

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As per the version of the F.I.R., Jai Prakash Sharma along-with police party apprehended Devesh Pratap Singh along-with other co-accused persons and the applicant Devesh Pratap Singh who was driving the vehicle could not show papers of the vehicle and 100 kg Heroine has been recovered from the possession of the applicant

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It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Further learned counsel submitted that Heroine recovered from the possession of applicant is 100gm which is below the commercial quantity. It has been argued that there is no compliance of Section 50 of the N.D.P.S. Act. It is next submitted that false recovery has been planted against the applicant to implicate him in the offence, the said recovery has not been witnessed by any independent witness. The applicant is languishing in jail since 19.09.2020. The applicant has no criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant.

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Heroine which was recovered from the possession of the

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applicant was 100gm which is less than commercial quantity. The applicant has no criminal antecedent.

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In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant(s), Devesh Pratap Singh, be released on bail in the aforesaid case crime number on their 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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(i) The applicant(s) shall not indulge in any criminal activity.

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(ii) The applicant(s) shall not tamper with the prosecution evidence.

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(iii) The applicant(s) shall not pressurize the prosecution witnesses.

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(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.

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Order Date :- 15.12.2020

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Devesh Pratap Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Devesh Pratap Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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