Fardeen v. State of U.P.
Case brief
What is this about?
Court granted bail to Fardeen, an accused under the N.D.P.S. Act, releasing him on a personal bond and two local sureties subject to standard conditions against tampering with evidence.
What did the court decide?
Applicant was granted bail on furnishing a personal bond and two local sureties each of the like amount.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3998 of 2021
Applicant :- Fardeen Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Aditya Prasad Mishra, learned Counsel for the applicant and Sri Vivek Rastogi, learned A.G.A. for the State respondents.
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 11 kg. poppy straw 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 with. The applicant has no criminal history to his credit. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 6.12.2020.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
Perused the first information report as well as the averments made in the bail application.
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 Fardeen involved in case crime no.594 of 2020, under Section 8/20 N.D.P.S. Act, P.S. Lisari Gate, District Meerut 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:
Issues for consideration
2 issues framed by the court
Whether to grant bail to the applicant accused of a narcotics offence given the alleged failure to comply with mandatory Section 50 procedures.
Whether the applicant should be released on bail furnishing a personal bond and local sureties.
Parties & counsel
- applicant
Fardeen
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/3998/2021
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