A criminal bail application under Section 8/22 of the NDPS Act. The applicant alleged non-compliance of Section 50 and lack of forensic reports. The court found it a fit case for bail and granted release on personal bond and sureties.
Release of the applicant on bail with a personal bond and two reliable sureties.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14754 of 2021
Applicant :- Rakesh Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Rakesh Upadhyay, who is involved in Case Crime No. 10 of 2021, under Section 8/22 of NDPS Act, P.S.Thoothibari, District- Maharajganj.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per the version of the F.I.R., Nitravet, 10-450 tablets, Spasmo Proxyvon Plus- 142 tablets, Winspasmo Forte- 584 tablets, Phenergan-182 Ampul, Noophin-184 Ampul, Cerejack-98 Ampul, Onrex Syrup- 95 (100 ML), Eskuf DX-04- (100ML) have been recovered from the joint possession of the applicant and co-accused Pawan Sahni. It has been argued that there is no compliance of Section 50 of the N.D.P.S. Act. It is next submitted that false recovery has been planted against the applicant to implicate him in the offence, the said recovery has not been witnessed by any independent witness. There is no analysis report of concerned forensic science laboratory. The applicant is languishing in jail since 20.01.2021. The applicant has no criminal history.
Learned A.G.A. vehemently opposed the prayer for bail.
No chemical examination report of the FSL is on record while chargesheet has been filed in the case.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Rakesh Upadhyay , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of
the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity. (ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 6.4.2021 PS
1 issue framed by the court
Whether the applicant is entitled to bail in a case under Section 8/22 of the NDPS Act when there is no compliance of Section 50 of the Act and no FSL report on record.
1 provisions across 1 enactments
Rakesh Upadhyay
State of U.P.
Subhash Chand
As recorded by the court registry
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