Allowed

Wasim Galkata v. State of U.P.

Allahabad HC17 Dec 2020BAIL/40812/2020

Case brief

AI extract

What is this about?

This court disposed of a bail application filed by Wasim Galkata. The accused was charged under Sections 8/20 of the NDPS Act. Considering his parity with co-accused and non-commercial quantity of drugs, the court released him on bail with personal bond and two sureties.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

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

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Court No. - 91

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40812 of 2020

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Applicant :- Wasim Galkata Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Supplementary affidavit filed today on behalf of the applicant by learned counsel for the applicant. The same is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicant Wasim Galkata with a prayer to enlarge him on bail in Case Crime No. 437 of 2020, under Sections 8/20 N.D.P.S Act, Police Station Nagina, District Bijnor.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Altaf and another having similar role to that of applicant have already granted bail by this Court vide order dated 24.11.2020 passed in Criminal Misc. Bail Application No. 40765 of 2020, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has criminal history in 19 cases as averred in para-2 of the supplementary affidavit but in all the cases the applicant is on bail, he is not likely to abscond.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but conceded on point of parity.

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As per prosecution case 500 gms charas was recovered from the possession of applicant and from the perusal of the F.I.R, it

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reveals that compliance of mandatory provisions of Section 50 of N.D.P.S Act was not made by the arresting officer and the recovery of 500 gms charas is below the commercial quantity which is 1 kg. Co-accused Altaf of the same recovery memo has already been granted bail by the co-ordinate Bench of this Court.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant shall not indulge in any criminal activity.

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(ii) The applicant shall not tamper with the prosecution evidence.

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(iii) The applicant shall not pressurize the prosecution witnesses.

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(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty may be given to the trial court to cancel the bail without any reference to this Court.

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Order Date :- 17.12.2020 PS

Wasim Galkata v. State of U.P.

Case brief

What is this about?

What did the court decide?

Wasim Galkata v. State of U.P.

Case brief

What is this about?

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