Held that despite previous rejection based on apprehension of absconding, the significant delay in trial (over 2.5 years) and the applicant's local ties and bond undertakings make it a fit case for bail in an N.D.P.S. case.
Applicant released on bail via personal bond and two sureties subject to undertakings not to tamper with evidence or influence witnesses.
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. - 26139 of 2020
Applicant :- Ram Niwas Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Maya Pati Pandey,Ganesh Shanker Srivastava,Mohammad Mustafa Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
(1) Heard Sri Ganesh Shanker and Sri Maya Pati Pandey, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.
(2) This is the second application filed seeking release of the applicant on bail in Case Crime No. 220 of 2019, under Sections 08/20 N.D.P.S. Act, Police Station Shohratgarh, District Siddharth Nagar, during pendency of the trial in the Court below.
(3) The first bail application had been rejected by means of an order date 04.03.2020 after recording that- " Though the amount of Charas stated to be recovered is below the commercial quantity of 1 Kg., yet given the apprehension expressed by the learned brief holder appearing for the State regarding possibility of the applicant absconding, this bail application is dismissed ."
(4) The learned counsel for the applicant has submitted that the applicant is languishing in jail since 02.10.2019 and even after expiry of period of more than 2 1/2 years since his incarceration, the trial is yet to commence.
(5) The affidavit filed in support of the bail application contains an undertaking that in case the applicant is released on bail, he will not misuse the liberty and he will appear before the Court below on each and every date and the affidavit contains a narration that there is no chance of applicant fleeing away after grant of bail because he is a permanent residents of District Siddharth Nagar. It has further been stated in the affidavit that the applicant has immovable property in District Siddharth Nagar.
(6) A supplementary affidavit has been filed on behalf of applicant annexing therewith a copy of the relevant extract of Khatauni to prove that the applicant is a co-tenure holder of land bearing Khasra No. 513 measuring 0.4530 hectare and
land bearing Khasra No. 391 measuring 0.9190 in Village Madarahna @ Ram Nagar, Pargana Naugarh, Tehsil Soharatgarh, District Siddharth Nagar.
(7) Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail. However, he could not dispute the aforesaid aspect of the matter.
(8) Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case crime number.
(9) In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
(10) Let the applicant Ram Niwas Yadav be released on bail in Case Crime No. 220 of 2019, under Sections 08/20 N.D.P.S. Act, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(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.
(11) In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 27.7.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.07.30 12:57:46 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail considering delay in trial exceeding 2.5 years despite previous rejection based on apprehension of absconding.
Whether the undertaking to appear in Court and existence of local immovable property satisfy bail conditions in a drug case.
Ram Niwas Yadav
Subhash Vidyarthi
Ashok Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
