Allowed

Mohan Pandit @ Mohan Sharma v. State of U.P.

Allahabad HC17 Mar 2023BAIL/54534/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application where the High Court granted bail to the applicant charged under the NDPS Act. The court found it a fit case for bail due to prima facie satisfaction of charge and reasonable apprehension of witness tampering, noting the applicant was in jail since September 2022.

What did the court decide?

Release on bail with personal bond and two sureties; conditions include appearing in court and not misusing liberty.

Mohan Pandit @ Mohan Sharma Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54534 of 2022

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Applicant :- Mohan Pandit @ Mohan Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Rejoinder affidavit filed by the learned counsel for the applicant is taken on record.

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Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.

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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 270 grams of Alprazolam 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 noncompliance of mandatory provision of Section 50 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. It is also submitted that the applicant is in jail since 25.09.2022 and he undertakes that he will not misuse liberty, if granted.

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Learned A.G.A. has opposed the prayer for bail by contending that the innocence of the applicant cannot be adjudged at pretrial 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.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting

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evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and without commenting on the merit of the case, I find it to be a fit case for bail.

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Let the applicant Mohan Pandit @ Mohan Sharma involved in Case Crime No.502 of 2022, under Section 21/22 of N.D.P.S. Act, Police Station Vrindavan, District Mathura be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following condition:-

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(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;

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(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.

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(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.

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Order Date :- 17.3.2023 Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Mohan Pandit @ Mohan Sharma v. State of U.P.

Case brief

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Mohan Pandit @ Mohan Sharma v. State of U.P.

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