Allowed

Riyaz and Another v. State of U.P.

Allahabad HC18 Sept 2019BAIL/22179/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application under the N.D.P.S. Act, the court held that the accused deserve bail. The court recorded no foul play in recovery as undisputed and granted bail subject to sureties and standard conditions while expediting the trial.

What did the court decide?

Release on bail on personal bond and two sureties subject to conditions of expediting trial and non-tampering.

Riyaz and Another 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. - 22179 of 2019

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Applicant :- Riyaz And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Radhey Krishna Pandey,Manish Pandey

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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 applicants, learned A.G.A. for State and perused the material available on record.

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Accused-applicants, involved in Case Crime No. 148 of 2019, under Section 8/20 N.D.P.S Act, Police Station Bhadohi, District Bhadohi, applied for bail.

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Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Nothing has been recovered from the possession of the applicants. 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. Applicants are in jail since 7.4.2019. It is further submitted that there is no possibility of the applicants' fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, they 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 applicants and submitted that 41 Kg Ganja is said to have been recovered from the joint possession of applicant and other co-accused for which they 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-applicants and without commenting upon the merit of the case, applicants deserve bail.

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Accordingly, bail application is allowed .

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Let applicants Riyaz and Ashu Miya Ansari be released on bail in the aforesaid case crime on their furnishing a personal

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bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

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The applicants shall not tamper with the evidence or threaten the witnesses.

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The applicants 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, they 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 :- 18.9.2019 Manoj

Riyaz and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Riyaz and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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