Rohit Kumar v. State of U.P.
Case brief
What is this about?
Single judge bail order granting release on bond and sureties in an NDPS case involving ganja recovery, noting lack of analysis report and prior bail to co-accused.
What did the court decide?
Release of applicant on furnishing a personal bond and two sureties each.
What the court decided
Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7388 of 2019
Applicant :- Rohit Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No.357 of 2018 under Sections 8/20 Narcotic Drugs and Psychotropic Substances Act, Police Station Purani Basti, District Basti.
Learned counsel for the applicant submitted that recovery of 80 kg Ganja is said to have been effectuated from five accused persons including the applicant sitting in Innova car. No analysis report in respect of alleged recovery has been submitted till date. Neither the applicant is involved nor he has committed any offence as alleged in the F.I.R. Allegations are false and concocted. Co-accused Rakhi and Lakha @ Laky have been granted bail by this Court and the case of the applicant is on the same footing as that of the said co-accused, vide order dated 15.5.2019 passed in Criminal Misc. Bail Application No. 5951 of 2019 and order dated 20.5.2019 passed in Criminal Misc. Bail Application No. 8315 of 2019 respectively. Further submission is that the applicant is in jail since 27.12.2018 and if he is granted liberty, he will not misuse the same.
Issues for consideration
2 issues framed by the court
Whether the applicant is fit for bail considering the recovery without analysis report and false allegations.
Whether to grant bail to the accused involved in an NDPS case as a fit case without expressing opinion on merits.
Parties & counsel
- applicant
Rohit Kumar
- respondent
State Of U.P.
Coram
Umesh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/7388/2019
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