Single-judge court allowed bail in an NDPS Act case involving possession of Alprazolam. Accused-falsely implicated released on personal bond with two sureties. Trial to conclude within one year.
Applicant released on bail by furnishing personal bond, two reliable sureties, and undertaking.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22187 of 2019
Applicant :- Ratan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Kunwar Janmejay Pratam Singh 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. 160 of 2019, under Section 8/22 of N.D.P.S Act, Police Station Line Bazar, District Jaunpur, 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 19.03.2019. 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, 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 100 gram Alprazolam 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-Ratan Singh 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:-
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 :- 25.9.2019 Akram
3 issues framed by the court
Whether the applicant, accused under Sections 8/22 of NDPS Act, is entitled to bail given the severity of punishment and alleged false recovery.
Whether the applicant can be released on bail subject to furnishing a bond and sureties and an undertaking not to tamper with evidence.
Whether the Trial Court should be directed to conclude the trial within one year.
2 provisions across 2 enactments
Ratan Singh
State Of U.P
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
