The court allowed a second bail application in an NCB case under the N.D.P.S. Act. The judge held that continuing incarceration was unjustified because the trial stalled due to the NCB officer's failure to appear and complete the statement of the first witness.
The applicant was released on bail by furnishing a personal bond and two sureties.
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24189 of 2020
Applicant :- Ashok Bhuinya Opposite Party :- Union of India Counsel for Applicant :- Kumar Ashutosh Srivastava,Sudarshan Singh Counsel for Opposite Party :- Ashish Pandey
Hon'ble Subhash Vidyarthi,J.
7. Per contra , Sri Ashish Pandey, learned counsel for the
N.C.B. has opposed the prayer for grant of bail but he could not dispute the aforesaid aspects of the case.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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.
Order Date :- 5.12.2022 Mini
Digitally signed by MINI KANAUJIYA Date: 2022.12.07 10:56:16 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the continued incarceration of the applicant is justified given the failure of the NCB officer to appear and record statements.
Whether bail should be granted in a second application when the trial has been stalling due to non-appearance of prosecution witness.
1 provisions across 1 enactments
Ashok Bhuinya
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
