Raj Tyagi v. State of U.P.
Case brief
What is this about?
Single judge granted bail to Raj Tyagi in an NDPS case citing lack of recovered substance evidence, no criminal history, and compliance with bail jurisprudence despite opposing submissions.
What did the court decide?
Release on bail with personal bond and two sureties subject to specific conditions including attendance and non-tampering.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4540 of 2021
Applicant :- Raj Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It is contended by the learned counsel for the applicant that 110 grams Alprzolam is alleged to have been recovered from the possession of the applicant, when in fact no such recovery has taken place. It is next contended that it is not known as to how the weighment of allegedly recovered substance was done and in excess to the commercial quantity has been found. There is no independent witness of the alleged recovery. Learned counsel for the applicant further contended that mandatory provisions of N.D.P.S Act has not been complied with in the present case. It is next contended that the applicant does not have criminal history prior to lodging of the present case. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is further contended that the applicant has no criminal history and the applicant is in jail since 31.10.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer.
Issues for consideration
1 issue framed by the court
Whether bail should be granted in a case involving alleged possession of narcotics absent independent recovery and non-compliance with mandatory provisions.
Parties & counsel
- applicant
Raj Tyagi
- respondent
State of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/4540/2021
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