Single judge Court granted bail to Monu @ Larua in a narcotics case involving alleged possession of 200 grams under Sections 21/22 of the N.D.P.S. Act, despite counsel's contentions regarding procedural lapses and lack of independent witness for recovery
Released on bail on furnishing a personal bond and two local sureties each of the like amount.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8792 of 2017
Applicant :- Monu @ Larua Opposite Party :- State Of U.P. Counsel for Applicant :- Ali Hasan,Istiyaq Ali,Vipin Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vipin Chandra Pandey, learned counsel for the applicant and Sri Ravi Singh Parihar, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that 200 grams is alleged to have been recovered from the possession of the applicant, when in fact no such recovery has taken place. It is next contended that it is not known as to how the weighment of allegedly recovered substance was done and 100 grams in excess to the commercial quantity has been found. There is no independent witness of the alleged recovery. Learned counsel for the applicant further contended that mandatory provisions of N.D.P.S Act has not been complied with in the present case. It is next contended that the applicant does not have criminal history prior to lodging of the present case. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is further contended that the applicant has no criminal history and the applicant is in jail since 17.10.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Monu @ Larua , involved in Case Crime No.115 of 2016 (Special Case No.174 of 2016), under Sections 21/22 of N.D.P.S. Act, Police Station G.R.P. Agra Fort, District Agra be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 3.1.2018 Dev/-
3 issues framed by the court
Whether the applicant should be released on bail in a narcotics case alleging non-compliance of mandatory N.D.P.S. Act provisions.
Whether bail conditions can be framed to prevent tampering with evidence and fleeing.
Whether an applicant with no criminal history and currently in jail should be granted bail.
1 provisions across 1 enactments
Monu @ Larua
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
