Allowed

Subhan v. State of U.P.

Allahabad HC20 Sept 2019BAIL/25627/2019

Case brief

AI extract

What is this about?

The court allowed the bail application of the accused in a narcotics case. The applicant alleged non-compliance with mandatory recovery procedures and lack of public witness testimony. The court was satisfied that the applicant deserves bail without commenting on the merits.

What did the court decide?

Released on bail by furnishing a personal bond and two reliable sureties with specific conditions regarding tampering with witnesses and cooperation with trial.

Subhan 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. - 25627 of 2019

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Applicant :- Subhan Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Singh Tomar,Ankur Varshney 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.170 of 2019, under Sections 21/22 N.D.P.S Act, Police Station Delhi Gate, District Aligarh, 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 20.03.2019. 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 270 gms. Alprazolam 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 Subhan 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:-

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The applicant shall not tamper with the evidence or threaten

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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 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.

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Order Date :- 20.9.2019 I.A.Siddiqui

Subhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Subhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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