Allowed

Gulzari v. State of U.P.

Allahabad HC28 Mar 2019BAIL/12672/2019

Case brief

AI extract

What is this about?

The single judge granted bail to the applicant in a trial involving multiple state and national statutes. The court upheld the bail prayer despite opposition, imposing standard conditions to prevent tampering with evidence and ensuring cooperation with the trial process.

What did the court decide?

Applicant released on bail upon furnishing a personal bond and two reliable sureties, subject to conditions regarding trip, evidence, and investigation cooperation.

Gulzari Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12672 of 2019

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Applicant :- Gulzari Opposite Party :- State Of U.P. Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Shahroze Khan, learned for the applicant and learned A.G.A. for the State and perused the materials on record.

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The present bail application has been moved for enlarging applicant-Gulzari on bail in Case Crime No. 145 of 2018, under Sections 3/5-A/8 of Cow Slaughter Act and Section 11 of Animal Cruelty Act, 4/25 Arms Act, 8/21 of NDPS Act, and Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 relating to Police Station Itawa, District Siddharth Nagar.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case on account of village rivalry; nothing has been recovered from the possession of the applicant and entire prosecution is false and fabricated. 780 tablets of Alprazolam are said to be recovered from the possession of Diggy of motorcycle. Foreignsic Analysis Report is still not received. In one case, which has been shown in the criminal history, applicant is on bail and that case is still pending. Applicant is languishing in Jail since 8.10.2018. Learned counsel for applicant further prayed that if applicant is released on bail he shall not misuse the liberty of bail.

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Per contra, learned A.G.A. has opposed the prayer for grant of bail to the applicant.

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Considering the entire facts and circumstances of the case, submissions made by both the parties, severity of punishment, detention of applicant and without expressing any opinion on the merits the case, I am of the view that the applicant deserves bail.

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Let applicant Gulzari be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the investigation, trial and shall not seek any adjournment on the dates fixed for charge, evidence and statements under Section 313 Cr.P.C. when the witnesses are present in the court.

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In case of default, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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Order Date :- 28.3.2019 Akram

Gulzari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gulzari v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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