Allowed

Smt. Rukhsana v. State of U.P.

Allahabad HC26 Sept 2019BAIL/21774/2019

Case brief

AI extract

What is this about?

Single-judge court allowed bail application of Smt. Rukhsana accused under N.D.P.S. Act for possession of charas, releasing her on personal bond and sureties with conditions to expedite trial within one year, without commenting on merits.

What did the court decide?

Bail allowed; Released on personal bond and two reliable sureties with undertaking not to tamper with evidence; Trial to conclude within one year.

Smt. Rukhsana 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. - 21774 of 2019

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Applicant :- Smt. Rukhsana Opposite Party :- State Of U.P. Counsel for Applicant :- Harish Chandra Mishra,Prateek Sinha 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, learned A.G.A. for State and perused the material available on record.

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Accused-applicant, involved in Case Crime No.48 of 2019, under Section 18/20 N.D.P.S Act, Police Station Collectorganj, District Kanpur Nagar, applied for bail.

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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 23.4.2019. 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.

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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 150 gram charas for which he had no valid license.

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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.

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Accordingly, bail application is allowed .

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Let applicant Smt. Rukhsana 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

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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 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, she shall not indulge in any criminal activities or case.

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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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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 :- 26.9.2019 Manoj

Smt. Rukhsana v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Rukhsana v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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