Allowed

Satyam v. State of U.P.

Allahabad HC5 Oct 2020BAIL/5034/2020

Case brief

AI extract

What is this about?

This bail application was disposed of by granting bail to the applicant Satyam in a narcotics case. The court relied on the larger mandate of Article 21 and a Supreme Court precedent, releasing the applicant on a personal bond with two sureties subject to specific conditions regarding testimony tampering and criminal activity.

What did the court decide?

Release on bail with a personal bond and two sureties, subject to specific conditions regarding witness tampering, trial cooperation, and surety payment timeline.

Satyam 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. - 5034 of 2020

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Applicant :- Satyam Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh 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 Satyam with a prayer to release him on bail in Case Crime No. 649 of 2019, under Sections 8/22 N.D.P.S. Act, Police Station- Mugalsarai, District- Mugalsarai 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 witnessed by any independent witness. Other submissions showing the truthfulness 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 21.11.2019.

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

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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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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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.

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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 :- 5.10.2020

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RPD

Satyam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Satyam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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