This bail application by Raju Alias Rajeev under Sections 8/20 NDPS Act regarding 2 kg Ganja recovery. The Single Judge allowed bail on personal bond and two sureties, subject to conditions against tampering and interfering with trial.
Application allowed; Release on bail via personal bond and two sureties subject to standard conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12681 of 2019
Applicant :- Raju Alias Rajeev Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Krishna Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Ram Krishna Chaurasia, learned Counsel for the accused- applicant, learned A.G.A. for State and perused the material available on record.
This bail application has been filed by the accusedapplicant Raju Alias Rajeev, who is involved in Case Crime No.-100 of 2018, under Sections 8/20 NDPS Act, Police Station Chilla, District Banda.
Learned Counsel for the applicant submits that accused/applicant has been falsely implicated in this case. It is further submitted that allegedly, 2 kg. Ganja was shown to have been recovered from the possession of the accused-applicant. It is further submitted that mandatory provision of NDPS Act have not been complied with. No public witness was taken at the time of recovery. Applicant is languishing in jail since 03.11.2018. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not disputed the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case and rival contention of learned counsel, role of accused, severity of punishment if applicant is convicted, without expressing any opinion upon the merit of the case, I am of the opinion that the accused applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let applicant Raju Alias Rajeev be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 2.4.2019 I.A.Siddiqui
2 issues framed by the court
Whether the accused applicant is entitled to be released on bail in a case under Sections 8/20 NDPS Act.
Whether mandatory provisions of NDPS Act were complied with during recovery of drugs.
2 provisions across 2 enactments
Raju Alias Rajeev
Rajendra Kumar-IV,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
