In a criminal miscellaneous bail application under the NDPS Act, the court released the applicant on bail subject to furnishing a personal bond and two local sureties, imposing standard conditions of not tampering with evidence or witnesses and appearing for trials.
Release on bail via personal bond and two local sureties each of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48624 of 2020
Applicant :- Rahman Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Rizwan Ullah Siddiqui, learned Counsel for the applicant and Ms. Seema Shukla, learned A.G.A. for the State respondents.
It is contended by the learned Counsel for the applicant that 190 gram Charas is alleged to have been recovered from the possession of the applicant, which is below the commercial quantity. It is further contended that there is no independent witness of the alleged recovery. It is next contended that the applicant has no criminal history and has been falsely implicated in the present case due to ulterior motive. He is languishing in jail since 20.10.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
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 Rahman involved in case crime no.0553 of 2020, under Section 8/20 of NDPS Act, P.S. Fatehpur, District Saharanpur 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:
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.
Order Date :- 4.1.2021 S.P.
1 issue framed by the court
Whether the applicant is entitled to release on bail under the NDPS Act considering the quantity and lack of witnesses.
1 provisions across 1 enactments
Rahman
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
