Sirajuddin v. State of U.P.
Case brief
What is this about?
This order grants bail to the applicant in a narcotic drug possession case. The court finds it a fit case for bail while the applicant furnishes a bond and sureties.
What did the court decide?
Release of the applicant on bail by furnishing a personal bond and two sureties.
What the court decided
Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38589 of 2019
Applicant :- Sirajuddin Opposite Party :- State of U.P.
Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari,Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that showing the recovery of 209 gram powder of Diazapam, the applicant has falsely been implicated in the present case. It has further been submitted that the recovery of 210 gram powder of Diazapam has been shown from another accused Hajrat Ali, who has been released on bail by another bench of this Court vide order dated 5.11.2019 in Criminal Misc. Bail application No. 46666 of 2019,therefore the applicant is also entitled for bail. It has further been submitted that false recovery has been planted against the applicant. There is no independent witness of the alleged recovery. The alleged recovered powder of Dizapam is below to commercial quantity. The applicant has not committed the alleged offence. The mandatory provision of section 50 of N.D.P.S Act has not been complied with. There is no criminal history of the applicant and is in jail since 24.7.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to release on bail in an allegation of possession of narcotic drugs.
Parties & counsel
- applicant
Sirajuddin
- respondent
State of U.P.
Coram
Bachchoo Lal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/38589/2019
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