Babbu v. State of U.P.
Case brief
What is this about?
High Court issued bail in an NDPS case where the applicant alleged false recovery of 550 grams of charas and non-compliance of mandatory provisions. The court granted bail with strict conditions of personal bond and sureties.
What did the court decide?
Issued bail on furnishing personal bond and two sureties each in like amounts subject to specific conditions of appearance and trial duration.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32171 of 2021 Applicant :- Babbu Opposite Party :- State of U.P. Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 189 of 2021, under Sections 8/20 of NDPS Act at Police Station Azeem Nagar, District Rampur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that false recovery of 550 grams Charas is shown to have been made from the possession of the accused applicant, which is below the commercial quantity. He has further submitted that at the time of arrest, mandatory provisions of NDPS Act has not been complied with. There is no independent eye witness of the alleged recovery, which has been shown by the police. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 2.7.2021.
On the other hand, learned A.G.A. opposes the application for 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 the applicant is fit for bail in a case involving common rosin under NDPS Act considering compliance of mandatory provisions and false implication.
Parties & counsel
- applicant
Babbu
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/32171/2021
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