Allowed

Mithun Alias Shivam Sankhwar v. State of U.P.

Allahabad HC2 Aug 2021BAIL/23551/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application under the NDPS Act, the court noted the applicant's bail prayer, the allegation of drug recovery, and the State's objection based on criminal history. The High Court allowed the bail application by imposing comprehensive conditions to prevent tampering, absence, and misuse of liberty, mandating specific appearances for trial stages.

What did the court decide?

Released on bail by furnishing a personal bond and two local sureties of the like amount, subject to conditions ensuring attendance and non-tampering.

Mithun Alias Shivam Sankhwar Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23551 of 2021

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Applicant :- Mithun Alias Shivam Sankhwar Opposite Party :- State of U.P. Counsel for Applicant :- Karma Singh Yadav,Vinod Kumar Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 1535 of 2020, under Section 8/20 NDPS Act, P.S. Kalyanpur, District Kanpur Nagar.

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Learned counsel for the applicant submits that as per FIR version, from the possession of applicant 500 gram Charas is alleged to have been recovered. There is no independent witness of recovery. He further submits that provisions of Section 50 NDPS Act have not been complied with. He also submits that applicant was implicated in other case under Sections 394 and 411 IPC on the basis of recovery of mobile. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 08.12.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that applicant has criminal history of Case Crime No.1513 of 2020, under Section 8, 20 NDPS Act, P.S. Kalyanpur, District Kanpur Nagar.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, recovered quantity, contention for non-compliance of provisions of NDPS Act and perusing the materials on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Mithun @ Shivam Sankhwar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(ii The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) 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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(iii) In case, the applicant misuses the liberty of bail during trial 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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(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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Order Date :- 2.8.2021 MAA/-

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Digitally signed by Justice Ali Zamin Date: 2021.08.03 14:24:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Mithun Alias Shivam Sankhwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mithun Alias Shivam Sankhwar v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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