Allowed

Vinod Kumar Misra @ Vinod Mishra v. Union of India

Allahabad HC30 Mar 2022BAIL/50739/2021

Case brief

AI extract

What is this about?

The High Court allowed bail in a Narcotic Drugs and Psychotropic Substances Act charge. Relying on Dataram Singh, the court held that the applicant had established a bail case despite allegations of conspiracy and mobile phone connectivity.

What did the court decide?

Release on bail under Section 8/20/29 N.D.P.S. Act on personal bond and two sureties with restrictions on tampering and unlawful activities.

Vinod Kumar Misra @ Vinod Mishra Vs Union of India — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50739 of 2021

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Applicant :- Vinod Kumar Misra @ Vinod Mishra Opposite Party :- Union of India Counsel for Applicant :- Matiur Rehman Khan Counsel for Opposite Party :- Ashish Pandey

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Hon'ble Om Prakash Tripathi,J.

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

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Learned counsel for the applicant contended that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. It is further submitted that two quintal ganja has been recovered from the possession of the co-accused Malkhan Singh, Sarvar Alam and Vijay Prasad. Co-accused Vijay Prasad fled away from the spot and after arresting of Vijay Pratap, name of the applicant came in light in his statement. There is no previous criminal antecedent of the applicant. The applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 26.8.2021.

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Per contra, learned A.G.A. as well as learned counsel for the NCB have opposed the prayer for bail. Learned counsel for the NCB has stated that at the behest of the applicant, contra band ganja has been transported. From the CDR report, mobile of the applicant and the arrested accused are connected with each other. It is further submitted that the applicant is the supplier of Ganja.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case of bail. Hence, the bail application is hereby allowed.

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Let the applicant Vinod Kumar Misra @ Vinod Mishra be released on bail in Case Crime No. 18 of 2021, under Section 8/20/29 N.D.P.S. Act, P.S. Salempur, District Deoria (N.C.B. Lucknow, U.P.), on furnishing a personal bond and two sureties

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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 and will not harm or harass the victim/complainant in any manner whatsoever.

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

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(vi) 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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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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Order Date :- 30.3.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.03.31 10:34:21 IST Reason: Location: High Court of Judicature at Allahabad

Vinod Kumar Misra @ Vinod Mishra v. Union of India

Case brief

What is this about?

What did the court decide?

Vinod Kumar Misra @ Vinod Mishra v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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