Allahabad High Court
Arvind Kumar Dubey vs Union Of India on 4 August, 2022
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7279 of 2022
Applicant :- Arvind Kumar Dubey
Opposite Party :- Union of India
Counsel for Applicant :- Ajay Kumar Pandey,Sheshadri Trivedi,Sr. Advocate
Counsel for Opposite Party :- Ramesh Chandra Shukla,Parv Agarwal
Hon'ble Ajit Singh,J.
Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Ajay Kumar Pandey, learned counsel for the applicant and learned counsel for the Union of India and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 41 of 2013, under section 8/20/23 N.D.P.S. Act, P.S. Nichlaul, district-Maharajganj and he is in jail since 23.12.2021, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant was the previous owner of vehicle, in which alleged contraband was recovered. He has sold the vehicle bearing no. UP-55 T 0052 to Sri Vishwanath Singh in consideration of Rs. one lac on 17.6.2010 and in this regard a notarized sale-deed was executed, which is annexed on page no. 40 to the paper book. Later on from this vehicle the alleged contraband (109 kgs of ganja) was recovered by the Central Excise and Custom Department and the applicant was nominated in this case only being owner of the vehicle. He also submits that the applicant has nothing to do with this offence. He is absolutely innocent. He has lastly submitted that the applicant who has no criminal antecedents to his credit, is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A. as well as learned counsel for the applicant, learned counsel for the Union of India.
The Apex Court in the Case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.
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, (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.
Let the applicant, Arvind Kumar Dubey be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial 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.It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 4.8.2022
Faridul
