This is a bail application regarding an NDPS case. The High Court held that the applicant is entitled to bail, keeping in mind Supreme Court precedents and Article 21, without expressing an opinion on the merits of the case.
Release of applicant on bail on execution of personal bond and two sureties each.
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. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37904 of 2022
Applicant :- Dharmendra Pratap Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Dharmendra Pratap with a prayer to release him on bail in Case Crime No.196 of 2022, under Sections 8/20 Narcotic Drugs & Psychotropic Substances Act, 1985, P.S. Badalpur, District Gautam Budh Nagar during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Recovered Ganja is slightly above to minimum prescribed quantity. There is no witness regarding alleged recovery of Ganja . Learned counsel for the applicant next argued that there is no independent public witness and provision of Sections 42 & 50 of N.D.P.S. Act has not been complied with while arresting the applicant. Applicant having no criminal history except the present case. The applicant is languishing in jail since 07.07.2022. In case, the applicant is enlarged on bail he will not misuse the liberty of bail and cooperate in trial. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In case of prima facie non-compliance of mandatory provision of Section 50 the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act.
Learned A.G.A. has opposed the bail prayer of the applicant.
The Apex Court in the case of Union of India vs. Shiv Shankar Keshari (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about
the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.
Considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Union of India vs. Shiv Shankar Keshari (2007) 7 SCC 798 , larger mandate of Article 21 of the Constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let the applicant Dharmendra Pratap , be released on bail in aforesaid case crime, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.9.2022 SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.09.14 11:30:54 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving offense under Sections 8/20 NDPS Act.
Whether prima facie non-compliance of Section 50 mandates release on bail under Section 37 NDPS Act.
Colour shows how this judgement treated each authority
Union of India vs. Shiv Shankar KeshariExplained¶9
(2007) 7 SCC 798 · Who else cites this
3 provisions across 2 enactments
Dharmendra Pratap
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
