Tahir v. State of U.P.
Case brief
What is this about?
The court granted bail to the applicant in an NDPS case on a personal bond with conditions, citing Article 21 and a Supreme Court precedent, without expressing an opinion on the merits of the prosecution case.
What did the court decide?
Released on bail on execution of personal bond and two sureties subject to specific conditions regarding court restoration.
What the court decided
Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27284 of 2020
Applicant :- Tahir Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant Tahir with a prayer to release him on bail in Case Crime No. 234 of 2020, under Sections 8/21 N.D.P.S. Act, Police Station- Chatari, District- Bulandshahr during pendency of trial.
Submission of counsel for the applicant is that the amount of the contraband which has been allegedly recovered from the possession of the accused is below commercial quantity. Other submissions showing the truthfulness of the prosecution story with regard to the recovery have also been made. Further contention is that the statutory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in the right manner. The counsel has also tried to demonstrate the circumstances indicating the false implication of the applicant. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 4.7.2020. Lastly argued that applicant has no criminal history.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in a charge under Sections 8/21 of the NDPS Act.
Whether the non-compliance of Section 50 of the NDPS Act is relevant for granting bail.
Whether bail conditions can be relaxed to a personal bond during pandemic times.
Parties & counsel
- applicant
Tahir
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/27284/2020
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