Reshma v. State of U.P.
Case brief
What is this about?
Court allowed bail application in NDPS case. Applicant claimed false implication and non-compliance with mandatory recovery provisions. Despite posession of unlicensed drug, court granted bail with conditions.
What did the court decide?
Bail granted on personal bond and two reliable sureties.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19772 of 2019
Applicant :- Reshma Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Ankit Srivastava,Atul Shukla 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.21 of 2019, under Section 08/21 N.D.P.S Act, Police Station Tronika City, District Ghaziabad, 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 6.1.2019. 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, she 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 250 gram alprazolem powder for which she had no valid license.
Issues for consideration
1 issue framed by the court
Whether the accused-applicant deserves bail under Section 21 of the N.D.P.S. Act.
Parties & counsel
- applicant
Reshma
Coram
Rajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/19772/2019
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