In a bail application under N.D.P.S. Act, the court granted bail to the applicant despite alleged presence of narcotics. The court emphasized boilerplate conditions preventing tampering with evidence and ensuring appearance in court.
Applicant released on bail upon furnishing personal bond, two reliable sureties, and undertaking to court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25047 of 2019
Applicant :- Sitaram Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar 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.145 of 2019, under Section 21/22 N.D.P.S Act, Police Station Soron, District Kasganj, 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 11.4.2019. 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, 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 1 Kg. 90 gram intoxicating powder 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 Sitaram 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 :- 27.9.2019 Manoj
3 issues framed by the court
Whether the accused applicant involved under N.D.P.S. Act deserves bail considering inconsistencies in alleged recovery and severity of punishment.
Whether the applicant has met the mandatory requirements for bail under the N.D.P.S. Act.
What conditions should be imposed on the grant of bail under the N.D.P.S. Act?
1 provisions across 1 enactments
Sitaram
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
