Allowed

Amiyak Kumar Das @ Amit v. State of U.P.

Allahabad HC4 Mar 2020BAIL/9555/2020

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 8/20 N.D.P.S., the Court found it a fit case for bail for an applicant accused of narcotic smuggling, noting allegations of false implication and lack of Section 50 compliance.

What did the court decide?

Release of applicant on bail subject to personal bond and two sureties and conditions against tampering, delay, and unlawful activities.

Amiyak Kumar Das @ Amit Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2020)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9555 of 2020

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Applicant :- Amiyak Kumar Das @ Amit Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard Sri Dharmendra Kumar Dwivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case; that the recovery of 5 Kg. contra band (Ganza) has been falsely planted on the applicant which is much below the commercial quantity; that there is no independent witness of the alleged recovery; that the compliance of provisions of section 50 N.D.P.S. Act has not been made; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 29.01.2020.

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Learned A.G.A. vehemently opposed the prayer of bail.

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Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant Amiyak Kumar Das @ Amit be released on bail in Case Crime No. 026 of 2020, under Sections 8/20 N.D.P.S., P.S. Line Bazar, District Jaunpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 4.3.2020 T.S.

Amiyak Kumar Das @ Amit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amiyak Kumar Das @ Amit 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

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Parties & counsel

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