Ranjeet v. State of U.P.
Case brief
What is this about?
Court allowed bail in an NDPS trial case, finding it fits the criteria for relief despite opposition by the State. Strict conditions regarding court appearance and trial timeline were imposed.
What did the court decide?
The applicant was released on bail subject to furnishing a personal bond and two sureties, along with specific undertakings regarding trial attendance.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4132 of 2021
Applicant :- Ranjeet Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pandey,Hemant Sharma 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 during the trial in Case Crime No.616 of 2020, under Section 8/22 NDPS Act at Police Station Anupshahar, District Bulandshahar.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case due to malicious and ulterior motive. Learned counsel for the applicant has submitted that 195 gram Alprazolam is said to have been recovered from the possession of the applicant and the alleged recovery is false and fabricated. He has further submitted that mandatory provision of N.D.P.S. Act has not been complied with. The applicant is having no previous criminal history against the applicant except the present case and in case the he is released on bail, he will not misuse the liberty of bail. The applicant is languishing in jail since 05.12.2020.
On the other hand, learned A.G.A. opposes the application for bail.
Issues for consideration
3 issues framed by the court
Whether the application for bail under Section 439 CrPC in an NDPS trial case is a fit case for granting bail.
Whether the mandatory provisions of the N.D.P.S. Act have been complied with.
Whether the allegations of false recovery and fabrication of evidence justify bail.
Parties & counsel
- applicant
Ranjeet
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/4132/2021
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