Allowed

Sachin Kumar v. State of U.P.

Allahabad HC7 Oct 2021BAIL/31757/2021

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Sachin Kumar regarding recovery of Charas. The Court granted bail considering prima facie satisfaction, reformative theory, Article 21, and overlap with Apex Court dictum in Dataram Singh, despite non-compliance of specific NDPS procedural sections cited by applicant.

What did the court decide?

The applicant Sachin Kumar was released on bail by furnishing a personal bond and two sureties in the like amount.

Sachin Kumar 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. - 31757 of 2021

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Applicant :- Sachin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Shukla 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 applicant, 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 applicant that 2 Kg. 832 gram contraband article, i.e., Charas is said to have been recovered from the possession of the applicant. He further submits that there is no compliance of mandatory provisions of Sections 50, 42 and 57 of the N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicant has no criminal history with respect to the N.D.P.S. Act. It has also been submitted that the applicant is languishing in jail since 25.02.2021. The applicant has 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 applicant- Sachin Kumar , be released on bail in Case Crime No. 61 of 2021, under Sections- 8/20 NDPS Act, Police Station- Nivadi, DistrictGhaziabad, 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 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

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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 :- 7.10.2021 Arti

Sachin Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sachin Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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