Allowed

Saurabh Singh v. State of U.P.

Allahabad HC30 Jan 2024/10150/2020

Case brief

AI extract

What is this about?

In this bail application under Cr. Misc. No. 10150 of 2020, the High Court allowed the release of Saurabh Singh on bail in a case involving offences under the NDPS Act and IPC. The court relied on the prolonged detention of the applicant and similarity of charges to co-accused who had been granted bail.

What did the court decide?

The applicant Saurabh Singh is released on bail subject to execution of a personal bond and furnishing two reliable sureties of like amount with specified conditions.

Saurabh Singh Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:8475

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10150 of 2020

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Applicant :- Saurabh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Pratap Singh,Abhishek Dwivedi,Avadhesh Mishra,Hari Om Singh,Niteesh Kumar,Pramod Kumar Singh,Santosh Kumar Srivastava,Sheo Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.337 of 2020 under section 8/20 NDPS Act and section 419, 420 IPC, P.S. Antu District Pratapgarh.

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It is argued that two of the co-accused Ravi Yadav and Surendra Kumar @ Rahul Yadav have been enlarged on bail by this Court vide two separate orders dated 04.01.2024 and 29.01.2024 mainly on the ground that the applicant had suffered pretrial detention being more than three and half years in custody. He places reliance on the judgment of the Supreme Court in the case of Rabi Prakash vs. State of Odisha decided in Special Leave to Appeal (Crl) No.4169 of 2023 to argue that the law incarceration without trial violates the rights under Article 21 of the Constitution of India. He also places reliance on the judgment passed in the case of Mohd Muslim @ Hussain v. State (NCT of Delhi); 2023 LiveLaw (SC) 260.

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Considering the fact that the applicant is also in custody since 17.07.2020 and the allegations against the applicant are similar to the said two co-accused who have been enlarged on bail coupled with the fact that the applicant has no criminal history, as such, on the same reasoning as contained in the said orders dated 04.01.2024 and 29.01.2024, the applicant is also entitled for the bail. Thus the bail application is allowed.

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Let the applicant Saurabh Singh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 30.1.2024 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Saurabh Singh v. State of U.P.

Case brief

What is this about?

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Saurabh Singh v. State of U.P.

Case brief

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