Allowed

Sonu Dubey v. State of U.P.

Allahabad HC1 Dec 2023BAIL/46994/2023

Case brief

AI extract

What is this about?

This court granted bail to Sonu Dubey in a narcotics case involving the alleged recovery of ganja. The judge found that the mandatory statutory provisions for recovery and search were not complied with and allowed bail subject to standard conditions.

What did the court decide?

The applicant Sonu Dubey was released on bail on furnishing a personal bond and two sureties subject to conditions of appearance and not tampering with evidence or witnesses.

Sonu Dubey Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:227090

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46994 of 2023

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Applicant :- Sonu Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Learned AGA for the State submits that the instructions have been received and he has no objection in case the bail application is decided on merits.

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Heard learned counsel for the applicant and Sri Shashank Shekhar, learned AGA for the State-respondent.

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The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 108 of 2023, under Sections 8/20/60 of N.D.P.S. Act, Police Station Baburi, District Chandauli, during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of 14 Kg. (three bundles) ganja has been shown from the applicant. There is no independent witness to the recovery. The recovered contraband is below commercial quantity. The mandatory provisions of Sections 42, 50 and 51 of the N.D.P.S. Act have not been complied with. There is no FSL report to establish that the substance recovered is ganja. Identically placed co-accused Vinod Kumar Singh has been granted bail by this Court vide order dated 08.11.2023 passed in Criminal Misc. Bail Application No. 47954 of 2023. The applicant claims parity. The applicant is in jail since 11.10.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, I am of the prima facie view that the mandatory provisions of Sections 42, 50 and 51 of the N.D.P.S. Act have not been complied with. The recovered contraband is below commercial quantity. There is no independent witness to the alleged recovery. Identically placed co-accused Vinod Kumar Singh has been granted bail by this Court. The applicant has no

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criminal history antecedents. Further, the applicant has remained confined for more than a month and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Sonu Dubey , involved in the aforesaid case 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 subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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

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Order Date :- 1.12.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Sonu Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sonu Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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