Allahabad High Court
Shankar Singh Negi vs State Of Up Through Its Principal ... on 27 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39434 of 2022 Applicant :- Shankar Singh Negi Opposite Party :- State Of Up Through Its Principal Secretary Home Counsel for Applicant :- Subodh Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The recovery shown by the Police is less than the commercial quantity. Provisions enumerated in the Narcotic Drugs Psychotropic Substances Act for search and seizure have not been followed. He is languishing in jail and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shankar Singh Negi involved in Case Crime No. 438 of 2022, under Section 8/20 Narcotic Drugs Psychotropic Substances Act, Police Station Civil Lines, District - Moradabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.9.2022 safi