Allowed

Ravi v. State of U.P.

Allahabad HC18 Jun 2021BAIL/19603/2021

Case brief

AI extract

What is this about?

In a criminal bail application regarding alleged drug offence under Sections 21/22 of N.D.P.S. Act, the High Court released the applicant on personal bond and sureties. The court held that non-compliance of Section 50 inquiry requires trial-stage fact-finding rather than immediate bail denial.

What did the court decide?

Applicant released on bail on personal bond and two sureties on conditions including attending trial and not tampering with witnesses.

Ravi Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19603 of 2021

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Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for applicant and Sri Sanjay Singh, learned A.G.A.-I for the State and perused the record.

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Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case due to ulterior motive, on the basis of false and planted recovery of 500 grams of dizapam has been recovered from the joint possession of three persons including the applicant and there is no public witness of the alleged recovery. It is further contended that mandatory provision of Section 50 of N.D.P.S Act has not been complied with. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In case of prima facie non-compliance of mandatory provision of Section 50 the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act. The applicant has no criminal history. It is also submitted that the applicant is in jail since 11.2.2021 and he undertakes that he will not misuse liberty, if granted.

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Learned A.G.A. has opposed the prayer for bail by contending that the innocence of the applicant cannot be adjudged at pre-trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Ravi , involved in Case Crime No. 69 of 2021, under Sections 21/22 of N.D.P.S. Act, Police Station Iglas, District Aligarh be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions:-

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

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He will not tamper with the witnesses.

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He 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 applicant 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 :- 18.6.2021 Dev/-

Ravi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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