This bail application under Section 8/22 of the NDPS Act involved the applicant, Ajit Kumar Yadav, who alleged false recovery of heroin and procedural impropriety.
Release on bail subject to personal bond and two sureties with conditions against tampering with evidence or committing crime.
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. - 29741 of 2019
Applicant :- Ajit Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Pravinendra Bahadur Singh,Devesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Devesh Pandey, learned counsel for the applicant as well as Sri S.K. Upandhayay, learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has contended that 99 gms heroin 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 who is in jail since 23.06.2019 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will
again indulge in similar activity.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case let the applicant -Ajit Kumar Yadav, involved in Case Crime No.0352 of 2019, under Section-8/22 of Narcotic Drugs and Psychotropic Substances Act, Police Station-Robertsganj, District-Sonebhadra be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 25.7.2019
Pr/-
3 issues framed by the court
Whether bail can be granted to the applicant in a narcotics case despite allegations of false recovery and procedural lapses.
Whether the failure to strictly follow Section 50 of the N.D.P.S. Act warrants release on bail.
Whether the applicant deserves bail given the lack of criminal history and uncorroborated recovery.
1 provisions across 1 enactments
Ajit Kumar Yadav
State Of U.P.
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
