Allowed

Gulam Nabi v. State of U.P.

Allahabad HC17 Sept 2021BAIL/5130/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 5130 of 2021, the applicant was charged under Sections 8/21 of the NDPS Act. Considering prima facie satisfaction, the reformative theory of punishment, jail overcrowding, and the Supreme Court's judgment in Dataram Singh, the court granted bail, noting the decision was confined to bail and not the merits.

What did the court decide?

The applicant was released on bail on executing a personal bond and two heavy sureties, subject to conditions of attending trial and not tampering with witnesses.

Gulam Nabi Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5130 of 2021

¶3

Applicant :- Gulam Nabi Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ausaf Un Nabi,Ramesh Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard learned counsel for the applicant, Sri Azad Singh, learned AGA for the State and perused the record.

¶6

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 Asim Khan alias Aslam Khan of the same incident, of which separate first information report was lodged, has been granted bail by this Court vide order dated 24.8.2021 passed in Crl. Misc. Bail Application No. 29865 of 2021, thus the applicant herein is also entitled for bail. He is languishing in jail since 9.9.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.

¶7

Learned counsel appearing for the opposite party vehemently opposed the prayer but could not dispute the factual aspect of the matter.

¶8

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.

¶9

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.

¶10

Let the applicant- Gulam Nabi involved in Case Crime No.

¶11

783 of 2020, under Section 8/21 NDPS Act, Police Station Izzatnagar, District Bareilly be released on bail, on his executing a personal bond and two heavy sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned, with the following conditions:

¶12

The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶13

He will not tamper with the witnesses.

¶14

He will not indulge in any illegal activities during the bail period.

¶15

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.

¶16

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. The Trial Court shall take endeavour to conclude the trial expeditiously, preferably within one year from the date of production of a copy of this order, if there is no legal impediment.

¶17

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶18

The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶19

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.

¶20

Order Date :- 17.9.2021 Digamber

Gulam Nabi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gulam Nabi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shaukat Vs State of U.P.

Usman Khan Vs State of U.P.

Haneef Vs State of U.P.

Firoz Shamshad Khan Vs State of U.P.

Mustkeem Taumar Vs State of U.P.

Naiyar Alam Vs State of U.P.