In a bail application under Section 21/22 of the N.D.P.S. Act, the High Court allowed release on bond and sureties, noting the applicant had no criminal antecedents and prima facie case for bail was made out, citing Dataram Singh.
Release on personal bond and two sureties
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42420 of 2021
Applicant :- Smt. Vandana Devi Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi,Rahul Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Smt. Vandana Devi, in Case Crime No. 313 of 2021, under Section- 21/22 of N.D.P.S. Act, P.S. Raya, District- Mathura.
Learned counsel for the applicant argued that the accusedapplicant is innocent; she has been falsely implicated in this very case crime number and is languishing in jail since 4.9.2021; she is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; the alleged recovery of Alprazolam powder in the tune of 220 grams, is a planted recovery with no independent public witness nor compliance of Section 50 of N.D.P.S. Act, whereas, no such recovery is there; applicant being lady is languishing since long. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard learned counsel for both sides and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case as well as dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22 , but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Smt. Vandana Devi, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 19.1.2022 Kamarjahan
1 issue framed by the court
Whether the applicant is entitled to bail being a first time offender accused under the N.D.P.S. Act with prima facie materials.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶8
Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Vandana Devi
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
