Farukh v. State of U.P.
Case brief
What is this about?
In a criminal bail application regarding an N.D.P.S. Act case, the High Court released the applicant on personal bond and sureties, citing Article 21 and referring to a Supreme Court decision, subject to specific conditions.
What did the court decide?
Released on bail on personal bond and two sureties subject to eight conditions including cooperation in trial and non-tampering with evidence.
What the court decided
Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5407 of 2020
Applicant :- Farukh Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam,Deepak Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, 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, Farukh , with a prayer to release him on bail in Case Crime No. 1589 of 2018, under Sections- 8/21 N.D.P.S. Act, Police Station- Murad Nagar, District- Ghaziabad, during pendency of trial.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive showing a false recovery of 130 gms of Alprazolam powder whereas no such recovery was made from him and also the mandatory provisions of Sections 50, 52, 55, 57 of N.D.P.S. Act were not followed. There is no independent witness of the alleged recovery. It is further contended by the learned counsel for the applicant that the applicant is languishing in jail since 1.11.2018 having no criminal history. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned AGA for the State has vehemently opposed the prayer for bail.
Parties & counsel
- applicant
Farukh
- respondent
State of U.P.
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/5407/2020
Similar cases
Judgements on the same questions, provisions and authorities, from every court