Allowed

Manna @ Salman v. State of U.P.

Allahabad HC22 Mar 2021BAIL/11055/2021

Case brief

AI extract

What is this about?

This bail application was decided by a single judge of the Allahabad High Court granting bail to the applicant charged with possession of drugs under the N.D.P.S. Act. The court cited the broader guarantees under Article 21 and the Apex Court

What did the court decide?

Enlargement of the applicant on bail by executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Manna @ Salman Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11055 of 2021

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Applicant :- Manna @ Salman Opposite Party :- State of U.P. Counsel for Applicant :- Sufia Saba,Sayeed Saif Ullah Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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

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Learned counsel for the applicant submitted that 114 Grams Smack is alleged to be recovered from the possession of the applicant which is below commercial quantity. The applicant is innocent, he has not committed the alleged offence, but he has been falsely implicated in the present case. There is no compliance of mandatory provision of Sections 50, 51 and 52 of the N.D.P.S. Act and there is no independent witness of the incident. Criminal history of certain of the applicant which is explained in the affidavit. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 20.06.2020, undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

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Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Manna @ Salman , involved in Case Crime No. 179 of 2020, under Sections- 8/21 of N.D.P.S. Act, Police Station- Mirzapur, District -Saharanpur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail 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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This bail order would be subject to the fulfillment of 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 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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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 :- 22.3.2021 Sartaj

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Digitally signed by Justice Neeraj Tiwari Date: 2021.03.22 17:58:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Manna @ Salman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manna @ Salman v. State of U.P.

Case brief

What is this about?

What did the court decide?

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