In this bail application under the NDPS Act, the High Court allowed the applicant's release on bail citing false implication and procedural violations during recovery. The court imposed standard bail conditions to ensure trial attendance and prevent misuse of liberty.
Release of the applicant on personal bond and two sureties with conditions fixed for trial attendance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4114 of 2021 Applicant :- Yaseen Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Pratap Singh,Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Santosh Kumar Dubey, learned counsel for the applicant and learned AGA for the State through video conferencing mode.
A first information report was lodged against the applicant as Case Crime No. 1477 of 2020 at Police Station- Vijay Nagar, District- Ghaziabad on 19.11.2020 under Sections 8/22 of the NDPS Act.
The bail application of the applicant was rejected by learned Special Judge (NDPS Act), Ghaziabad/Additional Sessions Judge, Court No.14, Ghaziabad on 15.12.2020.
The applicant is in jail since 19.11.2020, pursuant to the said F.I.R.
Sri Santosh Kumar Dubey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. False recovery of 200 gm. Alprazolam Powder has been shown from the applicant. Further even the said measurement is unreliable as accurate scientific instruments were not used. The recovery was made in violation of Section 50 of the NDPS Act. The applicant has satisfactorily explained his criminal history. Lastly it is submitted by Sri Santosh Kumar Dubey, learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A submits that one more criminal case is registered against the applicant apart from the instant case.
Sri Santosh Kumar Dubey, learned counsel for the applicant rejoining the issue submits that the aforesaid criminal history of one case apart from the instant case has no bearing on the instant bail application.
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.
I see merit in the submissions of Sri Santosh Kumar Dubey, learned counsel for the applicant and holds that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Yaseen be released on bail in Case Crime No. 1477 of 2020 at Police Station- Vijay Nagar, District- Ghaziabad registered on 19.11.2020 under Sections 8/22 of the NDPS Act, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.
(ii) 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.
(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case 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.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) 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 :- 8.6.2021 Pravin
2 issues framed by the court
Whether the applicant is entitled to bail given the false implication and adverse police recovery in violation of Section 50 of the NDPS Act.
Whether the applicant's criminal history justifies denial of bail in the present circumstances.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of IndiaReferred¶11
5 provisions across 3 enactments
Yaseen
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
Parties & counsel
