Allowed

Shiva v. State of U.P.

Allahabad HC26 Oct 2021BAIL/31722/2021

Case brief

AI extract

What is this about?

In a bail application under the N.D.P.S. Act, the court considered the applicant's claim of innocence and the alleged non-compliance of Section 50 mandates, including the absence of a chemical analysis report. Prioritizing compliance with mandatory provisions, the court held it a fit case for bail.

What did the court decide?

The applicant was released on bail on executing a personal bond and furnishing two sureties, subject to conditions of appearance and non-obstruction of justice.

Shiva Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31722 of 2021 Applicant :- Shiva Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in case crime no.182 of 2021, under Sections 8/22 of N.D.P.S. Act, Police Station-Kotwali Nagar, District-Etah is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that the FIR was lodged by one Harendra Kumar, Inspector against the applicant for the alleged recovery of 700 gm diazepam, though, the commercial quantity is 500 gm. The next contention is that the applicant is innocent and has been falsely implicated in the present case. It is next submitted that there is no compliance of mandatory provisions of Section 50 of the N.D.P.S. Act. There is no chemical analyst report regarding the said white powder. There are three other cases to the credit of the applicant which are duly explained by learned counsel for the applicant. In the absence of any chemical analysis report with regard to quantity and quality of the psychotropic substance, the applicant is liable to be enlarged on bail. The applicant is languishing in jail since 28.02.2021.

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Per contra, learned A.G.A. opposed the prayer for bail.

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Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and taking into account the gravity of the offence, I find it to be a fit case for bail.

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In view of the above, let the applicant- Shiva be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no.182 of 2021, under Sections 8/22 of N.D.P.S. Act, Police Station-Kotwali Nagar, District-Etah with the following conditions :-

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(a) The applicant shall attend the court according to the conditions of the bond executed by him;

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(b) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court.

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Order Date :- 26.10.2021/Sumit S

Shiva v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shiva v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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