Hon'ble Om Prakash Tripathi, J. granted bail to applicant Sanjay Sahani under Section 439 Cr.P.C. in an NDPS case, citing Dataram Singh, without expressing a view on merits.
Released on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9910 of 2022
Applicant :- Sanjay Sahani Opposite Party :- State of U.P. Counsel for Applicant :- Yadavendra Dwivedi,Santosh Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicantSanjay Sahani for enlarging him on bail in connection with Case Crime No. 07 of 2022, under Section 8, 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Abraura, District Mirzapur, during the pendency of trial.
Learned Counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. It is further submitted that false recovery of 57.600 Kg. Ganja has been shown from the joint possession of the applicant as well as co-accused Vinay Kumar Sharma. It is further submitted that the provision of sections 42, 50, 52 and 57 of N.D.P.S. Act has not been complied with. There is no public witness at the time of occurrence. The co-accused Vinay Kumar Sharma has been granted bail by this Court in Criminal Misc. Bail Application No. 9437 of 2022 on 18.4.2022. Bail order of the said co-accused has been produced before this Court which is taken on record. It was also submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. The applicant is in jail since 08.01.2022.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering 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, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant-Sanjay Sahani involved in the aforementioned 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:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.4.2022 Puspendra
Digitally signed by PUSPENDRA NARAYAN SINGH Date: 2022.05.04 13:13:46 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant under Section 439 Cr.P.C. in a case involving Section 8 and 20 NDPS Act.
Whether the non-compliance of procedural provisions under NDPS Act affects the bail application.
Whether special care and caution should be exercised while granting bail in NDPS cases.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Relied on¶10
Dataram Singh Vs. State of U.P., (2018) 3 SCC 22 · Who else cites this
5 provisions across 3 enactments
Sanjay Sahani
State of U.P.
Om Prakash Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Om Prakash Tripathi
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