Allowed

Umesh Sahani v. Union of India

Allahabad HC24 Jan 2023BAIL/54483/2019

Case brief

AI extract

What is this about?

Single judge of the Allahabad High Court allowed a fourth bail application by Umesh Sahani in an NDPS case, citing inordinate trial delay, cooperation with investigation, and lack of evidence regarding tampering with witnesses or reoffending risk.

What did the court decide?

Bail granted on a personal bond and two sureties with conditions to not tamper with evidence or influence witnesses and to appear before the trial court.

Umesh Sahani Vs Union of India — Narcotics (NDPS) | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54483 of 2019

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Applicant :- Umesh Sahani Opposite Party :- Union of India Counsel for Applicant :- Prashant Shukla,Afshan Shafaut,P.K. Singh,Pradeep Kumar Singh Counsel for Opposite Party :- Ashish Pandey,Krishna Agarawal,Narendra Deo Rai

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Hon'ble Ajay Bhanot,J.

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By means of the fourth bail application the applicant has prayed to be enlarged on bail in Case Crime No.04 of 2015 at Police Station-C.B.N. Lucknow, District-Varanasi under Sections 8, 21 and 29 of the NDPS Act. The applicant is in jail since 19.07.2014.

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The first, second and third bail applications of the applicant was rejected by this Court on 21.01.2016, 27.11.2017 and 17.07.2019 respectively.

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The following arguments made by Shri Dhananjay Kumar Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Krishna Agarawal, learned counsel for opposite party from the record, entitle the applicant for grant of bail:

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(1). The applicant is in jail since 19.07.2014. The trial is moving at a snail's pace and shows no signs of an early conclusion. Inordinate delay in the trial has lead to indefinite incarceration of the applicant.

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(2). The applicant cooperated with the trial and is no way liable for the delay.

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(3). The status report of the trial court does not disclose any time frame for conclusion of the trial. (4). The applicant has explained his criminal history. It is also contended that the applicant has been falsely implicated in the aforesaid cases only to show the proficiency of the police investigators. The said criminal cases do not have any bearing on the instant case.

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(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Umesh Sahani be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence

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or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 24.1.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Umesh Sahani v. Union of India

Case brief

What is this about?

What did the court decide?

Umesh Sahani v. Union of India

Case brief

What is this about?

What did the court decide?

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