The court granted bail pending trial to a first-time offender, Kadeer, accused of possessing Alprazolam under Sections 21 and 22 of the NDPS Act, discharging standard bail conditions regarding court attendance and non-interference.
Released on bail on personal bond and two sureties subject to conditions of court attendance and non-interference.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44359 of 2020
Applicant :- Kadeer Opposite Party :- State of U.P. Counsel for Applicant :- Ayub Khan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Ayub Khan, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.742 of 2010, under Section-21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985, P.S.Sikandrabad, District-Bulandshahr, is seeking enlargement on bail during the trial.
Submission made by the counsel is that this is the first offence of the applicant. The applicant is a poor dairy owner. On the fateful day the applicant while going on his motorcycle was intercepted by the police. There was hot talk between the police personnel and the applicant and the police has planted 1250 tablets of the Alprazolam (124.16 grams) in his pocket.
The prayer for bail has been vehemently opposed by learned A.G.A.
Taking into account that this is the first offence of the applicant and keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Kadeer be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in aforesaid case crime number, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 14.12.2020 Sunil Kr. Gupta
2 issues framed by the court
Whether an applicant charged under Sections 21 and 22 of the NDPS Act, who is a first-time offender, is entitled to bail pending trial.
Whether the imposition of conditions for bail in drug-related offences is discretionary based on the facts of the case.
1 provisions across 1 enactments
Kadeer
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
