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

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

What the court decided

AI extract

Outcome

Bail granted to applicant Anar Singh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) no tampering with evidence during trial; (2) no pressurizing/intimidating the prosecution witness; (3) appearance before the trial court on dates fixed unless personal presence is exempted; (4) no commission of a similar offence; (5) no direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure; breach entitles the prosecution to move a bail cancellation application before this Court.

Issue for consideration

Whether the applicant Anar Singh, involved in Case Crime No. 541 of 2020 under Section 21/22 NDPS Act, Police Station Mau Darwaja, District Fatehgarh/Farrukhabad, should be released on bail.

Court's answer

Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment and submissions of learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court held that the applicant has made out a case for bail and the bail application is allowed.

Ratio / Principle

The applicant Anar Singh s/o Ram Singh is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: not to tamper with evidence during the trial; not to pressurize/intimidate the prosecution witness; to appear before the trial court on dates fixed unless personal presence is exempted; not to commit a similar offence; and not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts.

Key takeaways

In case of breach of any of the bail conditions, the prosecution shall be at liberty to move a bail cancellation application before this Court.ratio¶16

Detailed headnote1 paragraphs

Bail granted - NDPS Act, Sections 21/22 - High Court of Judicature at Allahabad (Subhash Chandra Sharma, J.), order dated 10.3.2022 in Criminal Misc. Bail Application No. 7264 of 2021. Applicant Anar Singh s/o Ram Singh, in custody since 21.12.2020 in Case Crime No. 541 of 2020, Police Station Mau Darwaja, District Fatehgarh/Farrukhabad, for an alleged recovery of Alprazolam; counsel contended false implication, absence of any independent witness at the recovery and non-compliance with the NDPS search-and-seizure provisions including Section 50 N.D.P.S. Act; the State (G.A.) opposed the prayer. Considering the quantity of recovered contraband, nature of the offence, evidence, complicity of the accused, severity of punishment and counsel's submissions, and without expressing any opinion on the merits, the Court held the applicant had made out a case for bail and allowed the application, directing release on a personal bond with two sureties each in the like amount, subject to conditions against tampering with evidence, intimidation of prosecution witnesses, absence on trial dates and commission of similar offences; breach permits the prosecution to seek cancellation before the Court.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7264 of 2021

Applicant :- Anar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Tripathi,Radhey Shyam Yadav Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

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

It is submitted by learned counsel for the applicant that he has been falsely implicated by the police by showing recovery of Alprazolam, which is easily available in medical shops. No independent witness was present at the time of said recovery. Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. Provision of Section 50 N.D.P.S. Act has not been complied with. The criminal history of the applicant has already been explained in the supplementary affidavit. Applicant is languishing in jail since 21.12.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. opposed the prayer for bail.

Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, 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 for bail. The bail application is allowed.

Let the applicant- Anar Singh s/o Ram Singh, involved in Case Crime No. 541 of 2020, under Section 21/22 NDPS Act, Police Station- Mau Darwaja, District - Fatehgarh/Farrukhabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

The applicant will not tamper with the evidence during the trial.

The applicant will not pressurize/ intimidate the prosecution

witness.

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 10.3.2022 P Kesari

Digitally signed by PRACHI KESARWANI Date: 2022.03.11 14:15:41 IST Reason: Location: High Court of Judicature at Allahabad