Neeraj v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application by Neeraj, accused in drug possession case under NDPS Act where 50 grams of smack was recovered. Court allowed bail by personal bond and two sureties.
What did the court decide?
Bail granted on personal bond and two sureties subject to conditions not to tamper with evidence, intimidate witnesses, or commit similar offences.
What the court decided
Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43330 of 2018
Applicant :- Neeraj Opposite Party :- State Of U.P. Counsel for Applicant :- Avnish Kumar Srivastava 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 story on 17.9.2018 four accused persons, namely Thakur Das, Mukesh, Neeraj and Ajay were arrested by the Police personnel and 50 gms. Smack was recovered from each of the accused persons.
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 18.9.2018 (about two 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.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a charge sheet case under the NDPS Act involving 50 grams of smack recovered.
Parties & counsel
- applicant
Neeraj
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/43330/2018
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