Allowed

Nafis @ Laddu v. State of U.P.

Allahabad HC20 Jan 2021BAIL/3934/2021

Case brief

AI extract

What is this about?

An order granting bail to Nafis @ Laddu in a case involving poppystraw recovery under the N.D.P.S. Act, despite allegations of procedural lapses, contingent upon compliance with specific conditions.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two local sureties, subject to specific conditions regarding evidence, witnesses, and court appearances.

Nafis @ Laddu Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3934 of 2021

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Applicant :- Nafis @ Laddu Opposite Party :- State of U.P. Counsel for Applicant :- Amar Nath Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard Sri Amar Nath, learned Counsel for the applicant and Sri Vivek Rastogi, learned A.G.A. for the State respondents.

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It is contended by learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. It is also submitted that the alleged recovery of 5 kg. 200 grams poppystraw has not been made from the possession of the applicant. There is no independent witness of the alleged recovery. It is further submitted that the mandatory provision of Section 50 of N.D.P.S. Act has not been complied. The criminal history of the applicant has been explained in para 14 of the affidavit to the satisfaction of the Court and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 30.10.2020.

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

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Perused the first information report as well as the averments made in the bail application.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Nafis @ Laddu involved in case crime no.318 of 2020, under Section 18/20 N.D.P.S. Act, P.S. Thanabhawan, District Shamli be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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the applicant shall not temper with the prosecution evidence.

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the applicant shall not pressurize the prosecution witness;

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the applicant shall appear on each and every date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.

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Order Date :- 20.1.2021 S.S.

Nafis @ Laddu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nafis @ Laddu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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