Allowed

Mohammad Arman v. Union of India through D.R.I.

Allahabad HC3 Aug 2021BAIL/783/2020

Case brief

AI extract

What is this about?

In a criminal bail application under the NDPS Act, the court granted relief to the applicant. The judge referred to occupied court and precedent to order release on bail with personal bond and sureties, subject to conditions and trial expedited within six months.

What did the court decide?

Release on bail via personal bond and two sureties subject to conditions including attendance at trial, no tampering with witnesses, and no illegal activities.

Mohammad Arman Vs Union of India through D.R.I. — Narcotics (NDPS) | Allahabad HC (2021)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 783 of 2020

¶3

Applicant :- Mohammad Arman Opposite Party :- Union Of India Through D.R.I. Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A,D.C. Mathur,Dileep Chandra Mathur,Krishna Agarawal

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard learned counsel for the applicant and Sri Krishna Agarwal, learned counsel for Department of Revenue Intelligence and Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

¶6

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that co-accused namely Muhammad Fazal has already been granted bail by this Court vide order dated 7.3.2019 passed in Criminal Misc. Bail Application No.26810 of 2017, a copy of said order has been produced by learned counsel for the applicant today in the Court which is taken on record and the case of the applicant stands on identical footings. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 12.3.2019. It has been pointed out that the applicant has no criminal history.

¶7

Sri Krishna Agarwal, learned counsel for the department and learned A.G.A. have opposed the prayer for bail by contending that the innocence of the applicant cannot be adjudged at pre-trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. The "reasonable grounds" mentioned in Section 37(1)(b)(ii) of NDPS Act mean something more than prima facie ground. It implies substantial probable causes for believing that accused is not guilty of the offence charged and points to existence of such facts and circumstances which are sufficient to hold that accused is not guilty.

¶8

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.

¶9

Having heard the submissions of learned counsel of both sides,

¶10

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.

¶11

Let applicant- Mohammad Arman , be released on bail in Case Crime No.2 of 2019, under Sections- 43 and 8/20 of N.D.P.S. Act, Police Station- D.R.I., District- Varanasi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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.

¶17

In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

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

¶19

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

¶20

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.

¶21

The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

¶22

Order Date :- 3.8.2021 Dev/-

Mohammad Arman v. Union of India through D.R.I.

Case brief

What is this about?

What did the court decide?

Mohammad Arman v. Union of India through D.R.I.

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

Ashok Goyal @ Ashok Marwadi Vs State of U.P.

Sazid Vs State of U.P.

Durga Prasad Dubey Vs State of U.P.

Arvind @ Nakul Vs State of U.P.

Gaurav Balmiki Vs State of U.P.

Anil Pal Vs State of U.P.