The Allahabad High Court allowed a bail application filed by Vinod accused under Sections 21/22 of the NDPS Act following a search. Considering six years of custody and recovery below commercial quantity, the court granted bail on personal and two sureties.
Applicant released on bail with personal bond and two reliable sureties of equal amount.
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Neutral Citation No. - 2023:AHC:162298
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10793 of 2023
Applicant :- Vinod Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The applicant was apprehended on a search carried out alleging recovery of 155 gms. of diazepam powder, which is less than the commercial quantity.
3 . It is argued that the applicant is in custody since 23.01.2017.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering period spent by the accused in jail i.e. almost six years and following the mandate of Supreme Court in the case of Rabi Prakash Vs. State of Odisha decided in Special Leave to Appeal (Crl.) No. 4169 of 2023 and the fact that the recovery is less than the commercial quantity, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
6. Accordingly, the bail application is allowed .
7. Let the applicant Vinod be released on bail in FIR/ Case Crime No. 30 of 2017, under Section 21/22 N.D.P.S. Act, P.S. Babupurwa, District Kanpur Nagar, on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) 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.
Order Date :- 10.8.2023 S.A.
Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail considering he has been in custody for six years and the recovery was less than the commercial quantity.
Whether the release of the applicant on bail would adversely affect the trial.
Colour shows how this judgement treated each authority
Rabi Prakash Vs. State of OdishaFollowed¶10
Rabi Prakash Vs. State of Odisha
1 provisions across 1 enactments
Vinod
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Pankaj Bhatia
Parties & counsel
