Jeet v. State of U.P.
Case brief
What is this about?
The High Court disposed of a bail application filed by an accused person Jeet under Sections 8 and 21 of the N.D.P.S. Act._relief
What did the court decide?
Release on bail by execution of personal bond and two reliable sureties under specified conditions regarding tampering, attendance, and criminal activity.
What the court decided
Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43573 of 2020
Applicant :- Jeet Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Learned counsel for the applicant is permitted to correct the memo of the application during course of the day.
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 Jeet with a prayer to release him on bail in Case Crime No. 376 of 2020, under Sections 8/21 N.D.P.S. Act, Police Station- Sikandara, District- Agra 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 not supported by any independent witness. Other submissions showing the falsity 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 10.07.2020.
Issues for consideration
3 issues framed by the court
Whether the applicant is eligible for bail in a case under Sections 8/21 of the N.D.P.S. Act.
Whether non-compliance of Section 50 of the N.D.P.S. Act influences the bail decision.
Whether the court requires a finding of not guilty while considering a bail application under Section 37.
Parties & counsel
- applicant
Jeet
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/43573/2020
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