Hayat v. State of U.P.
Case brief
What is this about?
The Single Judge allowed a bail application filed by Hayat, accused of possessing smack, noting procedural lapses in recovery and lack of independent prosecution witnesses despite the offence nature.
What did the court decide?
Release of applicant on personal bond and two sureties subject to conditions not to tamper, intimidate witnesses or commit similar offences.
What the court decided
Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43080 of 2018 Applicant :- Hayat Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that on 25.9.2018, he was arrested by the police with 12 grams smack .
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 25.9.2018 (more than one and half 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.
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.
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.
Issues for consideration
2 issues framed by the court
Whether bail must be granted to the applicant under the NDPS Act despite the nature of the offence.
Whether the applicant has made out a prima facie case for bail considering quantity and procedural compliance.
Parties & counsel
- applicant
Hayat
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/43080/2018
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