Allowed

Jitendra Gupta v. State of U.P.

Allahabad HC3 Jul 2018BAIL/15528/2018

Case brief

AI extract

What is this about?

This court allowed Cr. Misc. Bail Application filed by Jitendra Gupta. The court was satisfied that the applicant is entitled to bail on grounds of parity with co-accused already enlarged, despite the quantum of contraband involved.

What did the court decide?

Writer respondent to release the applicant on bail on personal bond with two sureties and four conditions including non-interference with witnesses and attending trial.

Jitendra Gupta Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15528 of 2018

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Applicant :- Jitendra Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Ashwini Kumar Awasthi,Manish Tiwary Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Rejoinder affidavit filed today is taken on record.

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Heard learned counsel for the applicant and learned AGA for the State, and perused the record.

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According to prosecution story FIR has been lodged against Mohammad Faizan, Manoj Chaudhary and Jitendra Gupta alleging that police arrested them on 6.12.2017 and recovered total 584 kg. 'Ganja' from Mohammad Faizan and Manoj Chaudhary. 34 kg.Ganja' was recovered from this accused Jitendra Gupta.

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It is submitted by learned counsel for the applicant that coaccused Manoj Chaudhary and Mohd. Faizan have already been enlarged on bail by coordinate Bench of this Court vide orders dated 22.5.2018 & 21.5.2018 passed in Criminal Misc. Bail Application No. 16781 of 2018 and 22659 of 2018 respectively and the present applicant is also entitled to bail on the ground of parity. Seven packets were recovered but sample was taken only from one packet. The applicant has been falsely implicated in the present case. There is no independent witness to support the prosecution version. Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. Provision of Section 50 N.D.P.S. Act has not been complied with. Applicant is languishing in jail since 6.12.2017(more than six months) and if he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

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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, and submissions of the learned counsel for the parties, 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.

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Let applicant Jitendra Gupta involved in Case Crime No. 604 of 2017, under Section 8/20 NDPS Act, Police Station Kaptanganj, District Kushinagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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.

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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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 3.7.2018 P.P.

Jitendra Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jitendra Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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