Allowed

Fareen Ahmad v. State of U.P.

Allahabad HC20 Nov 2018BAIL/39987/2018

Case brief

AI extract

What is this about?

The court granted bail to the applicant charged under the N.D.P.S. Act for possession of below commercial quantity of charas. The objection regarding non-compliance with Section 50 of the Act was noted. Bail was allowed subject to standard conditions including ensuring witness safety and cooperating with the trial.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties, subject to standard conditions of not tampering with evidence or witnesses.

Fareen Ahmad Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39987 of 2018

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Applicant :- Fareen Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Jamaluddin Mohd. Nasir Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Supplementary affidavit filed today is taken on record.

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

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According to prosecution story 250 gm. Charas and one knife has been recovered from the possession of the applicant on 8.9.2018. The recovered charas is below commercial quantity.

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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. 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 9.9.2018(more than two months) having no previous criminal history 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 Fareen Ahmad involved in Case Crime No. 389 of 2018, under Section 18/20 N.D.P.S. Act, Police Station Purqazi, District Muzaffar 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

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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 :- 20.11.2018

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P.P.

Fareen Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Fareen Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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