Sayara v. State of U.P.
Case brief
What is this about?
In a bail application under the NDPS Act, the Court granted release to the applicant representing the applicant as a fit case for bail at this stage, subject to bonds and conditions.
What did the court decide?
Applicant released on bail furnishing a personal bond and two sureties in like amount, subject to four standard conditions regarding evidence, court attendance, unlawful activities, and misuse of libe
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9778 of 2020
Applicant :- Sayara Opposite Party :- State of U.P. Counsel for Applicant :- Dr. C.P. Upadhyay,Anup Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Anup Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case; that as per prosecution version, provided contraband, unauthorized (Nepali Currency) of Rs. 1,71,230/- and (Indian Currency) of Rs. 1590/was recovered from the house of applicant; that provided contraband was recovered from the house of co-accused Istiyaq and not from the applicant; that as per FIR, during search, nothing incriminating was recovered from the possession of applicant; that there is no independent witness of recovery; that co-accused Salman Rehana and Irfan @ Irfan Ali and Muskan have already been granted bail by this Court vide orders dated 28.01.2020, and 14.02.2020; copy of which is taken on record; that no offence is made out against the applicant under Section 8/22 of N.D.P.S. Act; that the applicant has no criminal history; that the applicant undertakes that she will not make misuse the liberty of bail; that the applicant is in custody since 02.11.2019.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, 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.
Issues for consideration
1 issue framed by the court
Whether bail is可得 to the applicant in a case u/s 8/22 N.D.P.S. Act given lack of independent recovery evidence and prior bails granted to co-accused.
Parties & counsel
- applicant
Sayara
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/9778/2020
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