Allowed

Rekha Devi @ Sihasan Devi v. State of U.P.

Allahabad HC8 Apr 2022BAIL/6936/2022

Case brief

AI extract

What is this about?

Court allowed bail to the applicant in an NDPS case involving recovery of charas. Despite serious charges, non-compliance of Sections 50 and 42 of NDPS Act and prima facie satisfaction regarding procedure justified bail release with sureties and conditions.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions of attending trial, not tampering with witnesses, and avoiding illegal activities.

Rekha Devi @ Sihasan Devi 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. - 6936 of 2022

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Applicant :- Rekha Devi @ Sihasan Devi Opposite Party :- State of U.P. Counsel for Applicant :- Agni Pal Singh,Pratima Singh 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. and perused the record.

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The accused- applicant is involved in Case Crime No. 298 of 2020, under Section 8/20/22/23/25/60 of NDPS Act, Police Station Nawabganj, District- Kanpur Nagar.

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It is argued by the learned counsel for the applicant that there is allegation of recovery of 4.05 kg charas from the applicant. The mandatory provisions of Sections 50 and 42 of NDPS Act have not been complied with. 8 packets are said to have been recovered from the possession of the applicant and the sample is not taken from all packets but same is taken from one packet. This is violation of guidelines regarding the recovery. There is no criminal history to the credit of the applicant and she is in jail from 27.9.2020, hence, the prayer for bail is made.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant but accepted that there is no criminal history to the credit of the applicant. It has also been submitted that FSL report has been received. As per that report the substance recovered from the applicant is found to be charas.

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Having heard the submissions of learned counsel for 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 Rekha Devi @ Sihasan Devi involved in aforesaid crime be released on bail on her furnishing a personal

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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 the trial proceedings pending before the court concerned on the dates fixed after release.

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She will not tamper with the witnesses.

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She will not indulge 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 :- 8.4.2022 Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.04.08 17:35:58 IST Reason: Location: High Court of Judicature at Allahabad

Rekha Devi @ Sihasan Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rekha Devi @ Sihasan Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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