Allowed

Manveer Singh and Another v. State of U.P.

Allahabad HC8 Sept 2021BAIL/18362/2021

Case brief

AI extract

What is this about?

This court granted bail to the applicants in a case involving possession of ganja and cheating, citing lack of Section 50 compliance and former criminal record. Considering jail overcrowding during the pandemic and Article 21, the judge found it a case for bail, releasing them on a personal bond and two sureties. The order applied Dicta from Dataram Singh without expressing opinion on case merits.

What did the court decide?

Applicants released on bail by furnishing a personal bond and two sureties each, subject to conditions including attending trial and non-tampering with witnesses.

Manveer Singh and Another Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18362 of 2021

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Applicant :- Manveer Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ambikesh Kumar Sharma,Ramesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Rejoinder affidavit filed on behalf of applicant, is taken on record.

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Heard learned counsel for the applicants, learned AGA, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicants that 44 Kg. contraband article, i.e., Ganja is said to have been recovered from the possession of the applicants. He further submits that there is no compliance of mandatory provisions of Section 50 of the N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicants have no criminal history with respect to the N.D.P.S. Act. It has also been submitted that the applicants are languishing in jail since 08.01.2021. The applicants have no other reported criminal antecedent.

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Learned A.G.A. has vehemently opposed the prayer.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicants- Manveer Singh and Mainpal Singh , be released on bail in Case Crime No. 17 of 2021, under Sections- 8/20 of Narcotic Drugs Psychotropic Substance Act, 1985 and Section 420 IPC, Police StationSasni Kotwali, District- Hathras, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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 :- 8.9.2021 Arti

Manveer Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manveer Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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