Criminal Misc. Bail Application where the applicant, falsely implicated under the N.D.P.S. Act with no recovery in possession, was granted bail subject to personal bond and sureties.
Allowed bail application. Applicant released on personal bond with two sureties subject to conditions against tampering with evidence and completing trial within one year.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18202 of 2019
Applicant :- Gopal Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Bed Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.301 of 2018, under Sections 22/21 N.D.P.S Act, Police Station GRP, District Kanpur Nagar, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Nothing has been recovered from the possession of the applicant. Alleged recovery is false and fake. It is further submitted that mandatory provision of 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. Applicant is in jail since 14.05.2018. It is further submitted that there is no possibility of the applicant's 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 dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant has been arrested with the possession of 180 gm Alprazolam Powder for which he had no valid license.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the accused-applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed .
Let applicant Gopal Tiwari be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
the witnesses.
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 provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment.
Order Date :- 1.10.2019 I.A.Siddiqui
1 issue framed by the court
Whether the accused applicant is entitled to bail in a case under the N.D.P.S. Act considering the quantum of drugs seized and compliance with recovery procedures.
1 provisions across 1 enactments
Gopal Tiwari
State Of U.P.
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
