Allowed

Nepal v. State of U.P.

Allahabad HC18 Feb 2020BAIL/5389/2020

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the applicant sought release on bail alleging false implication and lack of compliance with Section 50 of the N.D.P.S. Act. The court held it a fit case for bail, ordering release subject to a personal bond and sureties.

What did the court decide?

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

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

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5389 of 2020

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Applicant :- Nepal Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case showing recovery of 300 gm noxious powder (nashila padarth) which is below to commercial quantity. It has been further submitted that false recovery has been planted agaisnt the applicant. There is no independent witness of the alleged recovery. Mandatory provision of Section 50 of the N.D.P.S. Act has not been complied with. The applicant has not committed the alleged offence. Criminal history of the applicant has been explained in paragraph no. 2 of the supplementary affidavit filed in support of bail application. The applicant is in jail since 17.11.2019.

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Per contra, learned AGA opposed the prayer for bail.

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Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

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Let the applicant Nepal involved in Case Crime No.426 of 2019, under Section 21/22 N.D.P.S. Act, Police Station Tirwa District Kannauj 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 with the following conditions;

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The applicant will not tamper with the evidences.

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The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.

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The applicant will appear on each and every date fixed by

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the trial court unless personal appearance is exempted by the court concerned.

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In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

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Order Date :- 18.2.2020 Gss

Nepal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nepal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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