Search Results Page

Search Results

1 - 10 of 8634 (2.35 seconds)
Documents citing Union Of India vs Shri Shiv Shanker Kesari on 14 September, 2007

Dheeraj Singh vs State Of U.P. on 17 February, 2021

14. Therefore, unless two conditions i.e. (i) satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty: and (ii) he is not likely to commit any offence while on bail, are satisfied, the accused cannot be released on bail as this is the bar which operates while considering the bail application under the provisions of the N.D.P.S. Act if the quantity of contraband recovered is above the commercial quantity. The Supreme Court in the case of Union of India vs Shiv Shanker Kesari (supra) in para 11 and 12 has held as under:-
Allahabad High Court Cites 16 - Cited by 0 - D K Singh - Full Document

Shailendra Kumar Gupta @ Shailu vs State Of U.P. on 5 March, 2020

20. Shri Nagendra Kumar Srivastava, learned A.G.A. on the other hand while opposing the bail application, he has referred to the judgements of the Supreme Court in Satpal Singh Vs. State of Punjab20, Union of India Vs. Ram Samujh and others6 and Union of India Vs. Shri Shiv Shanker Kesari4. It is his contention that the amount recovered from the possession of the applicant is above the commercial quantity and as such the rigour of Section 37(1)(b)(ii) would be applicable in the present case. He states that a perusal of the FIR reveals that the applicant is guilty of the offence and, given his criminal history, is likely to commit offence while on bail. The charge-sheet has been filed on 12.01.2020.
Allahabad High Court Cites 49 - Cited by 3 - J Banerji - Full Document

Raman Jain vs Raj Kumar Mehra And Another on 2 January, 2019

word 'reasonable' has, in law, prima facie, meaning of reasonable in regard to those circumstances of which the person concerned is called upon to act reasonably knows or ought to know as to what was reasonable. Hon'ble Apex Court further held that it may be unreasonable to give an exact definition of the word 'reasonable' and expression 'reasonable' is a relative term, and the facts of the particular controversy must be considered before the question as to what constitutes reasonable can be determined.
Himachal Pradesh High Court Cites 24 - Cited by 2 - S Sharma - Full Document

Gaurav @ Gaura vs State Of U.P. on 5 January, 2022

24. Considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Union of India vs. Shiv Shankar Keshari (spura), 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.
Allahabad High Court Cites 21 - Cited by 0 - K Pahal - Full Document

Dinesh Shah vs State Of U.P. on 19 September, 2025

11. Considering the facts of the case and keeping in mind, the ratio of the Supreme Court's judgment in the case of Union of India vs. Shiv Shankar Keshari (supra), 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. The bail application is allowed.
Allahabad High Court Cites 13 - Cited by 0 - K Pahal - Full Document

Rajan Alias Kalibux Singh vs Union Of India on 15 November, 2019

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 ofUnion 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.
Allahabad High Court Cites 32 - Cited by 0 - Siddharth - Full Document

Wali Hassan vs State Of U.P. on 7 June, 2022

13. Considering the submissions of both the parties and keeping in mind the twin conditions of Section 37 of N.D.P.S. Act and perusing the evidence on the record, it is very much established that sampling was done contrary to the Standing Order / Instruction No.1 of 1989 dated 13.6.1989, which are mandatory in nature, as such chances of applicant conviction is weak on the basis of sampling of contraband done in the present matter as well as on the basis of the ratio of the judgment in the case of Union of India vs. Shiv Shankar Keshri (supra) larger mandate of Article 21 of the constitution of India without expressing any opinion on the merit of the case, I am of the view after applying section 37 of the N.D.P.S. act that the applicant is entitled to be released on bail.
Allahabad High Court Cites 24 - Cited by 0 - Full Document

Ms. Yoyo Bomkazi vs The State Of Telangana on 23 June, 2025

14. Taking into consideration the facts and circumstances of the case as well as the principle laid down by the Hon'ble Apex Court as mentioned supra and in view of the mandatory provisions prescribed under Section 37 of the NDPS Act as well as the contraband i.e., 6750 grams of Heroine, seized from the petitioner is more than commercial quantity, this 13 Court is not inclined to grant bail to the petitioner/accused.
Telangana High Court Cites 15 - Cited by 0 - Full Document

Alif Khan vs State Of Kerala on 11 March, 2024

9. The Apex Court considered the meaning of 'reasonable grounds' in the decision reported in (2007) 7 SCC 798, Union of India v. Shiv Shankar Kesari and held that the expression 'reasonable grounds' means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence charged and this reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in themselves to justify recording of satisfaction that the accused is not guilty of the offence charged.
Kerala High Court Cites 20 - Cited by 0 - Full Document
1   2 3 4 5 6 7 8 9 10 Next