Allowed

Sagar Dom v. State of U.P.

Allahabad HC13 Apr 2023BAIL/7925/2023

Case brief

AI extract

What is this about?

The court granted bail to the applicant charged under the NDPS Act. It held that non-compliance of Section 50 mandates prima facie release under Section 37 and that a bail application does not require the court to pronounce a judgment of acquittal.

What did the court decide?

Release on bail with personal bond and two heavy sureties, subject to conditions regarding court appearances and reporting to police.

Sagar Dom 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. - 7925 of 2023

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Applicant :- Sagar Dom Opposite Party :- State of U.P. Counsel for Applicant :- Manish Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit and rejoinder affidavit filed on behalf of 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 72 grams of alprazolam powder 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 the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act. The criminal history of the applicant has been explained in para 4 of the supplementary affidavit. It is also submitted that the applicant is in jail since 02.11.2022 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 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

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circumstances which are sufficient to hold that accused is not guilty.

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However the Apex Court in the Case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.

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Considering the facts of the case and keeping in mind the arguments advanced on behalf of the parties, the ratio of the Apex Court's judgment in the case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 , larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.

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Let the applicant Sagar Dom , involved in Case Crime No.0911 of 2022, under Section 8/21 N.D.P.S. Act, Police Station Cantt., District Gorakhpur be released on bail on his furnishing a personal bond with two heavy sureties each, one should be of family member 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; The applicant report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.

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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

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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 :- 13.4.2023 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Sagar Dom v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sagar Dom v. State of U.P.

Case brief

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