Allowed

Awadhesh @ Awadesh v. State of U.P.

Allahabad HC6 Dec 2021BAIL/42652/2021

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by an accused in a narcotics case. The applicant alleged false implication and noted non-compliance with statutory safeguards. The Court granted bail on grounds of parity with a co-accused who had already been released.

What did the court decide?

The applicant is released on bail upon furnishing a personal bond and two sureties in the like amount, subject to specific conditions.

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

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42652 of 2021

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Applicant :- Awadhesh @ Awadesh Opposite Party :- State of U.P. Counsel for Applicant :- Istiyaq Ali,Ali Hasan Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar Ojha,J.

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

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The present bail application has been moved on behalf of the applicant in Case Crime No. 294 of 2021, under Section 8/18 of N.D.P.S. Act, P.S. Bhamaura, District Bareilly, with a prayer that he may be admitted to bail.

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Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Further submitted that he has nothing to do with the said recovery. Nothing has been recovered from the applicant or on his pointing out. No compliance of the mandatory provision of Section 50 of N.D.P.S. Act has been made at the time of alleged search and seizure. There is no independent witness of the alleged recovery. Further submitted that the co-accused Hari Prasad has been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 51304 of 2021 vide order dated 02.12.2021 and claimed parity. The applicant is in jail since 05.09.2021, and in case he is enlarged on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. opposed the prayer for bail however conceded the fact that the recovered Ganja is below commercial quantity.

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Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.

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In view of the above, on the ground of parity, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicant Awadhesh @ Awadesh involved in the

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aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 6.12.2021 VPS

Awadhesh @ Awadesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Awadhesh @ Awadesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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