Allowed

Rifakat v. State of U.P.

Allahabad HC11 Apr 2022BAIL/4477/2022

Case brief

AI extract

What is this about?

The Court granted bail to the applicant charged under the NDPS Act. Despite non-compliance with Section 50 and a criminal history, considering the reformative theory of punishment and Article 21, the Court found it a case for bail subject to conditions.

What did the court decide?

Release on bail upon furnishing a personal bond and two sureties subject to conditions of attending trial, not tampering with witnesses, and not indulging in illegal activities.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4477 of 2022

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Applicant :- Rifakat Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Shankar Tripathi,Vijai Shanker Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

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The accused- applicant, Rifakat is involved in Case Crime No.1091 of 2021, under Sections 8/21/29 N.D.P.S. Act, Police Station Baradari, District- Bareilly.

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It is argued by the learned counsel for the applicant that 254 gms smack is shown to have been recovered from the possession of the applicant. Compliance of Section 50 of the N.D.P.S. Act has not been made. No FSL report has been filed yet. There is criminal history of 11 cases to the credit of the applicant. Out of which, in three cases, he has been acquitted by the lower court itself. Regarding criminal history of rest cases, he has explained in paragraph-17 of the affidavit accompanying with the bail application. He is languishing in jail since 27.11.2021 and in case he is enlarged on bail he will not misuse the liberty of bail. Hence, bail has been prayed for.

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Learned A.G.A. has opposed the bail application and submitted that the applicant is having criminal history of five cases under N.D.P.S. Act and six other cases. Out of which, he has been bailed out in only one case under N.D.P.S. Act. However, it is admitted that the commercial quantity of smack is 250 gms.

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Having heard the submissions of learned counsel of both the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant, Rifakat , who is involved in aforesaid crime be released on bail 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.

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The applicant will attend and co-operate in the trial pending before the court concerned on the dates fixed after release.

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He will not tamper with the witnesses.

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He will not indulge himself in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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

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Order Date :- 11.4.2022 Radhika

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Digitally signed by RADHIKA VISHWAKARMA Date: 2022.04.11 18:04:35 IST Reason: Location: High Court of Judicature at Allahabad

Rifakat v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rifakat v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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