The Allahabad High Court recently granted conditional bail to Manoj Doggi of Shahjahanpur, who is in jail under the NDPS Act. A single-judge bench of Justice Vivek Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Doggi.
It has been contended by the counsel for the applicant that nothing has been recovered from the possession of the applicant. He further submitted that there is no compliance of mandatory provisions of Sections 50, 52, 27, 43 and 41 of the NDPS Act, hence the recovery is bad in the eyes of law.
The counsel for the applicant also submitted that the applicant is languishing in jail since May 19, 2020.
The Court noted the overcrowding of jails during the current pandemic situation and said these circumstances shall also be factored in while considering bail applications on behalf of accused persons.
“Having heard the submissions of counsels 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,” the court observed.
The Court ordered that applicant Manoj Doggi be released on bail in case under Sections- 8C, 18, 29 NDPS Act, Police Station- NCB, Lucknow, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
- The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
- He will not tamper with the witnesses.
- 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 any of the above conditions, it shall be a ground for cancellation of bail,” the order reads.