A bail application filed by Rajesh Prasad under Sections 8/20 NDPS Act was allowed. The High Court negated merit issues, observing the accused was falsely implicated regarding the recovery of ganja, and discharged him on bail with standard conditions.
Released on bail on furnishing a personal bond and two reliable sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14850 of 2019
Applicant :- Rajesh Prasad Opposite Party :- State Of U.P. Counsel for Applicant :- Sushma Yadav,Hirdesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Ms. Sushma Yadav, learned counsel for the applicant, learned A.G.A. for State and perused the material available record.
This bail application has been filed by the accused-applicant Rajesh Prasad, who is involved in Case Crime No. 35 of 2019, under Sections 8/20 NDPS Act, Police Station Haldarpur, District Mau.
Learned Counsel for the applicant submits that accused/applicant has been falsely implicated in this case. It is further submitted that allegedly, 38 Kg. ganja was shown to have been recovered from possession of the accused-applicant is totally false and fabricated because the same has been recovered from another vehicle. Applicant is a driver of the concerned vehicle. It is further submitted that N.D.P.S. Act has not been complied with at the time of alleged recovery. No public witness was taken at the time of recovery. It is next submitted that in all the cases shown pending against the accused applicant, he has been enlarged on bail. Applicant is languishing in jail since 16.02.2019. 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.
Per contra, learned A.G.A. has opposed the prayer for bail but did not dispute 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, without commenting 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 Rajesh Prasad 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:-
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.
However, it is directed that trial Court shall make all endavour to decide the case preferably within six months without granting unnecessary adjournment to the parties.
Order Date :- 11.9.2019 I.A.Siddiqui
2 issues framed by the court
Whether the accused applicant in an NDPS charge is entitled to release on bail given claims of false implication and procedural lapses during recovery.
Whether the accused has a reasonable fear of fleeing tampering with witnesses if released on bail.
1 provisions across 1 enactments
Rajesh Prasad
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
