Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43482 of 2021 Applicant :- Mahmood Opposite Party :- State of U.P.
Counsel for Applicant :- Chandramani Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Chandramani Singh, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It is contended by the learned counsel for the applicant that 1.200 kilograms Afeem is alleged to have been recovered from the possession of the applicant, when in fact no such recovery has taken place. It is next contended that the recovered substance is below commercial quantity. There is no independent witness of the alleged recovery. Learned counsel for the applicant further contended that mandatory provisions of N.D.P.S Act has not been complied with in the present case. It is next contended that the applicant does not have criminal history prior to lodging of the present case. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is further contended that the applicant has criminal history, which has been duly explained in paragraph no.2 of the supplementary affidavit and the applicant is in jail since 24.8.2021 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Mahmood, be released on bail in Case Crime No.328 of 2021, under Sections- 18(b) of the NDPS Act, Police
Station- Budhna, District- Muzaffar Nagar, on furnishing a personal bond and two sureties (of Rs. two laksh) each (one should be of a family member), subject to following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 28.10.2021 Dev/-