Allowed

Sandeep Kumar and Another v. State of U.P.

Allahabad HC15 Jul 2021BAIL/22711/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 22711 of 2021, the Allahabad High Court released the applicants on bail in a case under the N.D.P.S. Act, ordering execution of a personal bond and two sureties each. The court applied the general principles of bail without adjudicating the merits of the accusation.

What did the court decide?

Applicants released on bail on execution of a personal bond and two sureties each under specified conditions.

Sandeep Kumar 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. - 22711 of 2021

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Applicant :- Sandeep Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicants, Sri Sanjay Singh, learned AGA-I for the State and perused the record.

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The submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case due to ulterior motive. They are innocent and have no criminal antecedent. Learned counsel for the applicants submits that coaccused Sumit has been admitted to bail by this Court vide order dated 7.7.2021 passed in Crl. Misc. Bail Application No. 22686 of 2021, thus, the applicants herein are also entitled for bail. The applicants are languishing in jail since 11.4.2021. They undertake that they will not misuse the liberty, if granted, therefore, they may be released on bail.

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Learned counsel appearing for the opposite party vehemently opposed the prayer but could not dispute the factual aspect of the matter.

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Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicants- (i) Sandeep Kumar and (ii) Lov Kumar involved in Case Crime No. 239 of 2021, under Sections 8/20/22 of N.D.P.S. Act, Police Station Shikohabad, District Firozabad be released on bail, on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:

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The applicants will attend and co-operate the trial

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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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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 :- 15.7.2021 Digamber

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Digitally signed by Justice Vivek Kumar Singh Date: 2021.07.16 17:32:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Sandeep Kumar and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sandeep Kumar and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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