Inam v. State of U.P.

Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15573 of 2021

Applicant :- Inam Opposite Party :- State of U.P. Counsel for Applicant :- Raghvendra Prakash,Ashutosh Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Learned counsel for the applicant submitted that 240 Grams Smack is alleged to be recovered from the possession of the applicant which is below the commercial quantity. The applicant is innocent, he has not committed the alleged offence, but he has been falsely implicated in the present case. There is no compliance of mandatory provision of Sections 50, 51 and 52 of the N.D.P.S. Act and there is no independent witness of the incident. There is criminal history of five cases in which applicant was acquitted. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 10.11.2020, undertakes that he will not misuse the liberty, if granted.

Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Inam , involved in Case Crime No. 829 of 2020, under Sections8/20/21 of N.D.P.S. Act, Police Station- Deoband, District -Saharanpur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.