High Court of Allahabad allowed bail application under the NDPS Act. The court granted bail citing parity arguments, COVID-19 prison overcrowding, and the reformative theory of punishment under Article 21.
Applicant released on bail with personal bond and two sureties, subject to conditions against tampering with witnesses and illegal activities.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23669 of 2021
Applicant :- Bablu Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav,Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the coaccused Jitendra @ Bhola having similar role has been granted bail by this Court vide order dated 13.09.2021 in Criminal Misc. Bail Application No. 19936 of 2021, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 05.02.2021.
Learned A.G.A. has vehemently opposed the prayer.
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.
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.
Let applicant- Bablu Gupta , be released on bail in Case Crime No. 473 of 2020, under Sections- 8/20 NDPS Act, Police Station- Maudaha, DistrictHamirpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
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.
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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 27.9.2021 Arti
Digitally signed by Justice Vivek Kumar Singh Date: 2021.09.28 16:49:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant based on parity with a co-accused and pandemic-related jail overcrowding concerns.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Suo Motu Writ Petition (c) No. 1/2020Referred¶8
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons
2 provisions across 2 enactments
Bablu Gupta
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
