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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Siddharth,J.
Yang Mengmeng – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Siddharth, J.
Heard Sri Pradeep Kumar -IV, learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Yang Mengmeng, with a prayer to release him on bail in Criminal Case No.118594 of 2024, Charge-sheet No.138 of 2024, Charge- sheet dated 27.9.2024, Case Crime No. 142 of 2024, under Sections 340(2), 318(2), 319, 337, 61(2) B.N.S. and under Section 14-A of Foreigner's Act, Police Station Sonauli Kotwali, District-Maharajganj, during pendency of trial.
There are allegations in the FIR dated 01.8.2024 lodged by the police that the applicant alongwith two co-accused, namely, Gu Baoqiang and Lobsang Tsering, were caught trying to illegally enter the Indo-Nepal boarder, being foreign nationals. On inquiry, passports of the applicants and other accused, Gu Baoqiang, were found to be of Chinese origin. Third person, namely, Lobsang Tsering, was found with Indian Aadhar Card, Nepalese Driving Licence, Indian PAN Card, Indian Voter Card, one ATM, mobile phone, Indian currency of Rs.2100/- and Nepalese currency of Rs.5700/-. No other recovery was made from
The court emphasized the right to bail and speedy trial, ruling that the absence of incriminating evidence justified granting bail to the applicant.
The court established that foreign nationals facing criminal charges in India are entitled to fundamental rights, including the right to a fair trial and bail, but these rights must be balanced again....
Non-compliance with bail conditions in non-bailable offences under the NDPS Act justifies dismissal of bail applications.
Bail conditions for foreign nationals must respect personal liberty under Article 21 and cannot lead to indefinite detention without legal backing.
Bail conditions must not be excessively onerous, as this equates to a refusal of bail, violating the principles of justice, especially for foreign nationals under Article 21.
The presumption of innocence is fundamental in criminal jurisprudence, guiding the decision to grant bail, which should be the general rule, ensuring defendants are not unnecessarily detained during ....
Imposing bail conditions that result in indefinite detention violates fundamental rights under Article 21 and contravenes bail provisions stated in the Cr.P.C.
The court granted bail, emphasizing the presumption of innocence and the lack of necessity for continued custody after investigation completion.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
Bail cannot be denied as punishment; the absence of prior convictions and the nature of contraband are crucial in granting bail under the NDPS Act.
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