In a bail sought by Idrish for NDPS charges, the High Court allowed bail, finding it a fit case considering the allegations of procedural lapse and severity, dispensing with sureties due to lockdown conditions via PIL directions.
Released on bail on furnishing a personal bond and two sureties with conditions; due to lockdown, sureties to be furnished within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41748 of 2019
Applicant :- Idrish Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava,Suman Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
This bail application has been moved on behalf of the applicant, Idrish, who is involved in Case Crime No. 479 of 2019, under Section 8/20 of the N.D.P.S. Act, Police Station Baheri, District Bareilly.
It has been averred that the applicant is innocent and has been falsely implicated. It is further averred that the applicant is alleged to have been apprehended by the police and from his possession 2Kg. Charas is alleged to have been recovered. It is also averred that neither proper procedure of search and recovery has been adopted by the police nor there is any independent witness of the said recovery. The provisions of Sections 50, 52 and 57 of the N.D.P.S. Act have also not been complied with at the time of the alleged search and recovery. It is lastly averred that the applicant has no other criminal history and is in jail since 16.06.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. has filed Counter Affidavit dated 30.10.2019 today and has opposed the prayer for bail .
Upon perusing the record and upon considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the
merits of the case, I find it a fit case for bail.
Let the applicant, Idrish, who is involved in Case Crime No. 479 of 2019, under Section 8/20 of the N.D.P.S. Act, Police Station Baheri, District Bareilly be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate / Court concerned, subject to the following conditions:
(i) The applicant will not tamper with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) 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.
In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 6.4.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied with.
The order dated6.4.2020 reads as under:
" Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused- applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 15.4.2020 vkj
2 issues framed by the court
Whether the application for bail should be allowed given the allegations of false implication and procedural non-compliance.
Whether bail can be granted on personal bond due to the COVID-19 lockdown situation.
2 provisions across 1 enactments
Idrish
Siddhartha Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
