Allowed

Alauddin v. State of U.P.

Allahabad HC8 Oct 2020BAIL/32135/2020

Case brief

AI extract

What is this about?

In a bail application under the N.D.P.S. Act, the Court held that the applicant made out a case for bail by demonstrating false implication and procedural non-compliance. Bail was granted subject to personal bond, sureties, and specific conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, each in a specific amount, subject to conditions regarding sureties and conduct.

Alauddin Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2020)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32135 of 2020

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Applicant :- Alauddin Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant Alauddin, with a prayer to release him in Case Crime No.407 of 2020, under section 8/22 N.D.P.S.Act, Police Station AnoopShahar, District Bulandshahar during pendency of the trial.

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It is submitted by the learned counsel for the applicant that 1400 Alprazolam tablets (0.5 mg) have been recovered from the possession of the applicant. He further submitted that the applicant has been falsely implicated in the present case. The alleged recovery shown in the FIR is false and fabricated. He further submitted that provisions of Sections 41, 42, 43, 45 & 50 of N.D.P.S. Act has not been complied with and there is no independent witness. The applicant is not a previous convict. False story has been cooked up to implicate the applicant in the present case. The applicant is languishing in jail since 06.08.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Alauddin , who is involved in Case Crime No.407 of 2020, under section 8/22 N.D.P.S.Act, Police Station Anoopshahar, District Bulandshahar, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 8.10.2020/SKD

Alauddin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Alauddin v. State of U.P.

Case brief

What is this about?

What did the court decide?

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