Court allowed bail to Vipin Kumar Nishad in an NDPS case, citing that the recovered quantity was non-commercial and failure to follow Section 50 mandatory provisions, relying on Dataram Singh.
Release on bail by furnishing personal bond and two sureties subject to conditions against tampering and influencing witnesses.
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Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35113 of 2022 Applicant :- Vipin Kumar Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Punya Sheel Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard Sri Punya Sheel Pandey, the learned counsel for the applicant, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No.152 of 2022, under Section 8/20 N.D.P.S. Act, Police Station Gopiganj, District Bhadohi.
The learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It has further been stated that 7 Kg 980 Gram Ganja said to have been recovered from the joint possession of the applicant and co-accused. It is also submitted that the alleged recovery is below commercial quantity. It has further been submitted that mandatory provisions of Sections 50 of N.D.P.S. Act have not been followed by the police. It has further been submitted that there is no independent witness of the alleged recovery. It has further been submitted that applicant has criminal history of 6 cases, have been explained in para-14 of the affidavit filed in support of the application and the bail orders have been annexed as annexure no.2 to the bail application. It has further been submitted that applicant is languishing in jail since 27.05.2022.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.
Keeping in view the aforesaid facts and circumstances of the case and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, I find it to be a fit case for grant of bail to the applicant in the aforesaid case crime number.
In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
Let the applicant Vipin Kumar Nishad be released on bail in the aforesaid case 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.
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 :- 23.8.2022 VKG
Digitally signed by VIJAY KUMAR GUPTA Date: 2022.08.25 16:06:36 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant in a case under Sections 8/20 NDPS Act.
Whether the alleged recovery being below commercial quantity warrants bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherApplied¶7
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
2 provisions across 1 enactments
Vipin Kumar Nishad
Mayank Kumar Jain
Vijay Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
