Allowed

Sugreev Sah v. State of U.P.

Allahabad HC12 Sept 2019BAIL/15894/2019

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act involving the alleged recovery of 40 kg ganja, the court allowed bail after considering rival submissions without commenting on the merits of the offence, directing the applicant to furnish a personal bond and two sureties subject to standard trial conditions.

What did the court decide?

Bail granted on personal bond and two sureties subject to conditions against tampering, intimidation, and ensuring trial cooperation.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15894 of 2019

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Applicant :- Sugreev Sah Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for the applicant and learned AGA for State and perused the materials on record.

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The present bail application has been moved for enlarging the applicant on bail in Case Crime No. 147 of 2019, under Section 8/20 NDPS Act, Police Station-Sector-24 NOIDA, District Gautam Budh Nagar.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. It is further submitted that the applicant has been named in the FIR; no proper compliance of Sections 42 and 50 of NDPS Act has been made; no previous criminal history of the accused-applicant and accused-applicant is languishing in Jail since 08.03.2019.

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Per contra, learned AGA has opposed the prayer for grant of bail to the applicant and submitted that 40 Kilogram Ganja has been alleged to be recovered from the possession of accusedapplicant.

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Considering the facts and circumstances of the case, rival contention of learned counsel for parties, detention of applicant in Jail, recovery from the possession of the accused-applicant and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed.

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Let applicant-Sugreev Sah 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:-

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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 trial and shall not

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seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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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.

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Order Date :- 12.9.2019 Akram

Sugreev Sah v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sugreev Sah v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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