Atul v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to the accused in a case under Sections 8/20 of the NDPS Act where drugs were recovered from a co-accused and only a knife was found with the applicant, without commenting on case merits.
What did the court decide?
Applicant released on bail on personal bond and two sureties with conditions to prevent tampering, harassment, and committing similar offences.
What the court decided
Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3814 of 2020
Applicant :- Atul Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
Accused-applicant, involved in Case Crime No. 1790 of 2019, under Section 8/20 of N.D.P.S. Act,, Police Station- Kotwali, District- Shamli, applied for bail.
Learned counsel for the applicant submits that as per the First Information Report dated 30.12.2019, charas has been recovered to the co-accused Irshad and not from the custody of applicant. It is further submitted that only a knife has been recovered from the applicant, in which there is no charge under the aforesaid Act.
Learned A.G.A. has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the applicant and without commenting upon the merit of the case, applicant deserves bail. Accordingly, bail application is allowed.
Issues for consideration
2 issues framed by the court
Whether the accused should be granted bail in a drug-related prosecution where narcotics were recovered from another accused.
Whether a knife recovered from the applicant attracts charges under the Narcotic Drugs and Psychotropic Substances Act.
Parties & counsel
- applicant
Atul
Coram
Rajiv Joshi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/3814/2020
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