Allowed

Shivam Srivastava v. State of U.P.

Allahabad HC26 Sept 2018BAIL/36717/2018

Case brief

AI extract

What is this about?

Hon. Aniruddha Singh, J. allowed Criminal Misc. Bail Application No. 36717 of 2018. The court held that the applicant, having no criminal history, made out a case for bail despite recovered drugs, noting procedural lapses in seizure. Bail granted with bond and sureties.

What did the court decide?

Released on bail upon furnishing a personal bond and two sureties each, subject to standard conditions against tampering and intimidation.

Shivam Srivastava Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36717 of 2018 Applicant :- Shivam Srivastava Opposite Party :- State Of U.P. Counsel for Applicant :- Awadh Bihari Pandey 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 case, F.I.R. was lodged against the applicant alleging that on 31.1.2018, he was arrested by the police and recovered 140 grams largo palm.

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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 1.2.2018 (near about eight 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 and admitted that applicant has no criminal history.

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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 Shivam Srivastava involved in Case Crime No. 65 of 2018, under Section 21/22 NDPS Act, Police Station G.R.P., District - Kanpur Nagar 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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The applicant will not pressurize/ intimidate the prosecution witness.

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

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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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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 :- 26.9.2018//A. Singh

Shivam Srivastava v. State of U.P.

Case brief

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Shivam Srivastava v. State of U.P.

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