Allowed

Dinesh @ Sumit v. State of U.P.

Allahabad HC9 Feb 2022BAIL/48704/2021

Case brief

AI extract

What is this about?

This High Court of Judicature at Allahabad allowed a bail application under Sections 8/21 of the N.D.P.S. Act. The court considered the applicant's claims of false implication, lack of independent witnesses, and jail overcrowding due to COVID-19. Without expressing views on merits, the court held it was a fit case for bail subject to conditions.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties in like amounts, subject to conditions regarding evidence tampering and attendance.

Dinesh @ Sumit Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48704 of 2021

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Applicant :- Dinesh @ Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 1746 of 2021, under Sections 8/21 of N.D.P.S. Act, Police Station Indirapuram, District Ghaziabad.

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Contention is that the applicant has no previous criminal history of offences under the N.D.P.S. Act and has been falsely implicated in the present case. It is also submitted that the recovery of 110 grams Alprazolem Powder has been planted upon the applicant for which neither there exists any independent witnesses nor the provisions of section 42/50 of N.D.P.S. Act have been complied with and that the applicant is languishing in jail since 20.07.2021. It is further argued that the trial is not likely to be concluded shortly on account of Covid19 pandemic and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.

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Learned A.G.A. opposes the bail application.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (C) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail application on behalf of accused person.

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Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.

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Let the applicant Dinesh @ Sumit be released on bail in the aforesaid case crime on furnishing a personal bond and two

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sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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

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Accordingly, the instant bail application is allowed.

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Order Date :- 9.2.2022 Ashok Kr.

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Digitally signed by ASHOK KUMAR Date: 2022.02.10 11:20:12 IST Reason: Location: High Court of Judicature at Allahabad

Dinesh @ Sumit v. State of U.P.

Case brief

What is this about?

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Dinesh @ Sumit v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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