Allowed

Viresh @ Safiya v. State of U.P.

Allahabad HC27 Nov 2021BAIL/42393/2021

Case brief

AI extract

What is this about?

In a bail application dated 27.11.2021, the court allowed bail to the applicant charged under Sections 8/20 of the NDPS Act. The court found merit in the application due to allegations of evidence tampering, procedural violations regarding recovery, and jail overcrowding.

What did the court decide?

Applicant released on bail furnished personal bond and two sureties on the same amount under specific conditions.

Viresh @ Safiya 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. - 42393 of 2021

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Applicant :- Viresh @ Safiya Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Mahendra Singh, learned counsel for the applicant and learned AGA for the State.

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A first information report was lodged against the applicant as Case Crime No. 471 of 2021 at Police Station-Gunnaur, District-Sambhal, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

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The bail application of the applicant was rejected by learned Special Judge (NDPS Act)/Additional Sessions Judge, Sambhal at Chandausi on 15.09.2021.

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The applicant is in jail since 01.09.2021, pursuant to the said F.I.R.

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Shri Mahendra Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. 260 gm. Charas was illegally planted on the person of the applicant to frame him in the instant criminal case and to show proficiency of police investigators. The weight of the recovered substance is below the notified commercial quantity. The commercial quantity of the said substance is 1Kg.

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Further even the said measurement is unreliable as accurate scientific instruments were not used for weighment. No forensic science laboratory report has been submitted which confirms that the substance allegedly recovered is prohibited under the NDPS Act. There is no independent witness or public witness to the alleged recovery. The recovery was made in violation of the mandatory provision of Section 42 read with Section 50 of the NDPS Act. Learned counsel for the applicant has explained the criminal history of the applicant and also contends that the same has no bearing on the instant case. Lastly it is submitted by the 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.

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Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record.

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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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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be

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enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Viresh @ Safiya involved in Case Crime No. 471 of 2021 at Police Station-Gunnaur, District-Sambhal, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 27.11.2021 Dhananjai

Viresh @ Safiya v. State of U.P.

Case brief

What is this about?

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Viresh @ Safiya v. State of U.P.

Case brief

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