Allowed

Ravi Singh v. State of U.P.

Allahabad HC2 Jul 2018BAIL/24300/2018

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant, Ravi Singh, in a case involving the recovery of alprazolam under the N.D.P.S. Act. The Court observed procedures for search and seizure were not followed and granted bail on application of personal bond and sureties.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in like amount to the satisfaction of the court concerned.

Ravi Singh 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. - 24300 of 2018

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Applicant :- Ravi Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Shyamu Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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According to prosecution story F.I.R. was lodged against the applicant alleging that on 1.1.2018, 75 grams alprazolam was recovered from the possession of the applicant.

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. There is no independent witness to support the prosecution version. The recovery shown by the Police is less than the commercial quantity. 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 1.1.2018(more than six months) having no criminal history and in case 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 the applicant Ravi Singh involved in Case Crime No. 01 of 2018, under Section 8/21/22 NDPS Act, Police Station G.R.P. Gorakhpur, District - Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 2.7.2018 A. Singh

Ravi Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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