Omkar v. State of U.P.
Case brief
What is this about?
This brief order grants bail to Omkar, citing a personal bond and two sureties, without expressing an opinion on the merits of the false recovery allegations or the N.D.P.S. Act provisions.
What did the court decide?
Released on bail on furnishing a personal bond and two sureties under specified conditions.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26735 of 2019
Applicant :- Omkar Opposite Party :- State Of U.P. Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Applicant- Omkar seeks bail in Case Crime No.149 of 2019, under Section 8/21 Narcotic Drugs and Psychotropic Substance Act, Police Station-Fatehganj Paschimi, District-Bareilly.
Heard Sri Karunesh Narayan Tripathi, learned counsel for the applicant as well as Ms. Seema Shukla, learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has contended that 10 gm. Smack is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. It is further submitted that the alleged recovery is false, concocted and planted. It is next submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant is languishing in jail since 21.05.2019.
Applicant has criminal history of one case, which has properly been explained in Para No.11 of the affidavit accompanying bail application. In case the applicant is released on bail he will not misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a prosecution under the Narcotic Drugs and Psychotropic Substances Act.
Whether the allegations of false recovery and failure to follow Section 50 of the N.D.P.S. Act warrant bail.
Parties & counsel
- applicant
Omkar
Coram
Krishna Pratap Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/26735/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court