The High Court allowed a bail application in a narcotics case under Sections 8/20 NDPS Act. The court found it a fit case for bail without commenting on merits, granting release on a personal bond and sureties.
Release on bail through personal bond and two sureties upon satisfaction of the court.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53889 of 2022
Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ramanuj Tripathi,Apurva Prakash Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant and Sri S. K. Ojha, learned AGA for the State and also perused the material placed on record.
By means of the present application, the applicant- Dharmendra Kumar seeks bail in Case Crime No.20 of 2022, under Sections 8/20 N.D.P.S. Act, Police Station- G.R.P. Manikpur, District- Chitrakoot, during the pendency of trial.
Learned counsel for the applicant submits that the accusedapplicant is quite innocent and has been falsely implicated in the present case. He was not arrested on the spot and his name has been surfaced in the confessional statement of co-accused Sanjeev Kumar Pandey, from whose possession 41Kg, 10 gm Ganja was recovered. It is further stated by learned counsel for the applicant that neither any recovery has been made from the applicant nor any independent witness is there. Violation of Section 50 of the N.D.P.S. Act has also been alleged. It is also submitted that co-accused Sanjeev Kumar Pandy, who was apprehended on the spot has already been enlarged on bail by a coordinate Bench of this Court vide order dated 9.6.2022 passed in Criminal Misc. Bail Application No. 22953 of 2022. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 29.10.2022 having no criminal history and he deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.
Learned A.G.A. vehemently opposed the prayer for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed
Let the applicant- Dharmendra Kumar involved in the 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 with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 2.12.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.12.05 10:24:30 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant ought to be released on bail considering his complicity, severity of punishment, and the totality of facts.
Whether the applicant deserves bail given he is innocent, falsely implicated, and has no criminal history.
1 provisions across 1 enactments
Dharmendra Kumar
Abhishek Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
