In a bail application under N.D.P.S. Act for alleged recovery of drugs and money violating Section 50, the Court allowed bail, holding that the applicant had made out a case and prima facie non-compliance of Section 50 mandates release.
Applicant ordered released on bail on personal bond with two heavy sureties under specific conditions regarding court appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1137 of 2023
Applicant :- Ram Awatar Opposite Party :- State of U.P. Counsel for Applicant :- Avadh Pratap Singh Shishodia,Amrendra Pratap Singh,Vikul Panwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case due to ulterior motive, on the basis of false and planted recovery of 1055 grams of charas and Rs. 2,23,100/- has been recovered from the possession of the applicant and there is no public witness of the alleged recovery. It is further contended that mandatory provision of Section 50 of N.D.P.S Act has not been complied with. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In case of prima facie non-compliance of mandatory provision of Section 50 of N.D.P.S. Act, the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act. The applicant has criminal history of two cases that has been explained in para no. 21 of the affidavit filed in support of the bail application. It is also submitted that the applicant is in jail since 03.12.2022 and he undertakes that he will not misuse liberty, if granted.
Learned A.G.A. has opposed the prayer for bail by contending that the innocence of the applicant cannot be adjudged at pre-trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. The "reasonable grounds" mentioned in Section 37(1)(b)(ii) of NDPS Act mean something more than prima facie ground. It implies substantial probable causes for believing that accused is not guilty of the offence charged and points to existence of such facts and circumstances which are sufficient to hold that accused is not
guilty.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ram Awatar involved in Case Crime No. 247 of 2022, under Section 8/20 of N.D.P.S. Act, Police Station Biharigarh, District Saharanpur be released on bail on his furnishing a personal bond with two heavy sureties (one should be family member) each in the like amount to the satisfaction of the court concerned with the following condition:-
(i) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(ii) In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 24.3.2023 Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail despite criminal history given prima facie non-compliance with Section 50 of N.D.P.S. Act.
Whether substantial probable cause exists to believe the applicant is not guilty before adjudication at pre-trial stage.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
4 provisions across 2 enactments
Ram Awatar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
