Criminal Miscellaneous Bail Application where the court granted bail to the applicant under the N.D.P.S. Act. The court considered jail overcrowding, lack of criminal antecedent, and the reformative theory of punishment under Article 21.
Application allowed; applicant released on bail with personal bond and sureties subject to conditions.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4266 of 2021
Applicant :- Firoz Shamshad Khan Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh,Bhavya Sahai Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Bhavya Sahai, learned counsel for the applicant, Sri Azad Singh, learned AGA for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. He is innocent and has no criminal antecedent. Learned counsel for the applicant further submits that coaccused Naresh Manoriya has been granted bail by this Court vide order dated 2.9.2021 passed in Crl. Misc. Bail Application No. 8231 of 2021, thus the applicant herein is also entitled for bail. He is languishing in jail since 8.11.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer but could not dispute the factual aspect of the matter.
Courts have taken notice of 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 submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Firoz Shamshad Khan involved in Case Crime No. 478 of 2020, under Sections 8/20/29/60(3) N.D.P.S.
Act, Police Station Bindki, District Fatehpur be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the 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 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 :- 17.9.2021 Digamber
2 issues framed by the court
Whether the applicant implicated under N.D.P.S. Act is entitled to bail considering overcrowding and prima facie satisfaction.
Whether the release of a co-accused on bail warrants bail for the present applicant.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherDistinguished¶9
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Firoz Shamshad Khan
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
