Allowed

Shivpal Singh v. State of U.P.

Allahabad HC6 Jan 2022BAIL/41441/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a drug case under the NDPS Act. The court noted the recovery of 500 grams of charas from the accused and alleged non-compliance of mandatory statutory provisions by police, lack of independent witness, and prior bail of a co-accused. Granting bail in the interest of Article 21.

What did the court decide?

Release of applicant Shivpal Singh on bail with personal bond and two sureties upon restoration of normal court functioning, subject to conditions to appear for trial and non-interference.

Shivpal Singh Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41441 of 2021

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Applicant :- Shivpal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 201 of 2021, under Section 8/20 of N.D.P.S Act, 1985 at Police StationParaur, District- Shahjahanpur.

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While pressing the present bail application, learned counsel for the applicant has stated that recovery of 500 grams of charas has been shown from the possession of the applicant. Learned counsel further stated that the commercial quantity of the same is 1 k.g. Learned counsel for the applicant further stated that the mandatory provisions of the N.D.P.S. Act, 1985 were not complied with by the police. There is no independent witness of alleged recovery so as to support the story of prosecution.

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It is further submitted that co-accused Prem Singh has already been released on bail by this Court vide order dated 23.11.2021 passed in Criminal Misc. Bail Application No. 41656 of 2021 (Prem Singh vs. State of U.P.) .

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It is further submitted that the applicant is in incarceration since 03.08.2021. In these circumstance, the applicant is entitled to be released on bail. The prayer is to allow the bail application and release the applicant on bail.

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Learned AGA opposed the prayer for bail, however, he could not dispute the aforesaid aspects of the case including that coaccused has already been enlarged on bail by this Court.

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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

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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 as also taking note of the fact that coaccused has already been enlarged on bail by this Court and without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.

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Let applicant- Shivpal Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the

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period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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

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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.

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

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Order Date :- 6.1.2022

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Saurabh

Shivpal Singh v. State of U.P.

Case brief

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Shivpal Singh v. State of U.P.

Case brief

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