Sheebu v. State of U.P.
Case brief
What is this about?
Bail application allowed by the Hon'ble Krishna Pratap Singh, J. in a criminal case regarding Charas recovery. Applicant released on personal bond and two sureties with standard conditions.
What did the court decide?
Bail granted on personal bond and two sureties each.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31321 of 2019
Applicant :- Sheebu Opposite Party :- State Of U.P. Counsel for Applicant :- Anmol Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Anmol Tiwari, learned counsel for the applicant as well as Sri S.K. Upadhyay, learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has contended that 500 gm. Charas is alleged to have been recovered from the possession of the applicant, the alleged contraband is less than commercial quantity. 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. Applicant has criminal history of one case, which has properly been explained in para No.13 of the affidavit, accompanying bail application. The applicant is languishing in jail since 24.06.2019. 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
Issues for consideration
2 issues framed by the court
Whether the applicant, charged with offences under the NDPS Act, is entitled to bail on furnishing a bond and sureties.
Whether the allegations of false recovery and lack of independent witnesses justify the grant of bail.
Parties & counsel
- applicant
Shebu
- respondent
State Of U.P.
Coram
Krishna Pratap Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/31321/2019
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