Allowed

Javed v. State of U.P.

Allahabad HC17 Sept 2019BAIL/22282/2019

Case brief

AI extract

What is this about?

This bail application was filed by Javed, accused in a N.D.P.S. case where 120 grams of Laprozola were allegedly recovered. The court granted bail without deliberating on the merits of the recovery, imposing standard conditions including no tampering with evidence and cooperation with trial. The trial was directed to be concluded within one year.

What did the court decide?

Applicant Javed released on bail with personal bond and two sureties subject to conditions against tampering and cooperation with trial.

Javed Vs State of U.P. — Allahabad HC (2019) — LawSathi Research

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22282 of 2019

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Applicant :- Javed Opposite Party :- State Of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh,Jitendra Singh 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. Accused-applicant, involved in Case Crime No. 280 of 2019, under Section 8/21 N.D.P.S Act, Police Station Loni, District Ghaziabad, 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. 120 Gram Powder of Laprozola is alleged to have been recovered from the possession of the applicant. Alleged recovery is false and fake. Report is still awaited. 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 12.03.2019. 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.

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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 120 Gram Powder of Laprozola 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 Javed be released on bail in the aforesaid

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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:-

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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, he shall not indulge in any criminal activities.

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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 :- 17.9.2019

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SKS

Javed v. State of U.P.

Case brief

What is this about?

What did the court decide?

Javed v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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