Allowed

Shivpal Gautam v. State of U.P.

Allahabad HC10 Dec 2020BAIL/45445/2020

Case brief

AI extract

What is this about?

This court allowed a bail application for the applicant accused under Sections 21/22 of the N.D.P.S. Act. The bail was granted on security of a personal bond and two sureties subject to specific conditions including not tampering with evidence and appearing in court.

What did the court decide?

Applicant released on bail on executing a personal bond and furnishing two sureties subject to conditions.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45445 of 2020

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Applicant :- Shivpal Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Shivpal Gautam in connection with Case Crime No.91 of 2019, under Sections 21/22 of N.D.P.S.Act, Police Station G.R.P. Mirzapur, district Mirzapur.

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The first information report of this incident was lodged by the police against the applicant. The applicant was arrested on the spot.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged recovery of 130 gm. Alprazolam (intoxicating powder) shown from the applicant is totally fake and false as there is no public witness of the alleged recovery, which is below commercial quantity. He submitted that the previous criminal history of the applicant has satisfactorily been explained in paragraph no.6 of the paper book. He submitted that the applicant is languishing in jail since 22.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Shivpal Gautam involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts

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to the Court or to any police officer or tamper with the evidence.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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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Order Date :- 10.12.2020

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R./

Shivpal Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shivpal Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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