In this bail application under Sections 8/20 of the NDPS Act, the High Court released the applicant on bail by personal bond and sureties, directed no merit, noting 272.11.2020 detention and coordinate co-accused releases.
Release of applicant Arif @ Sonu on bail with personal bond and two local sureties each.
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. - 48877 of 2020
Applicant :- Arif @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Bhanu Prakash Singh holding brief of Sri Vivek Rastogi, learned AGA for the State.
The applicant seeks bail in Case Crime No. 510 of 2020, under Sections 8/20 of N.D.P.S. Act, Police Station Nauchandi, District Meerut.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case due to ulterior motive; the alleged recovery is fake and planted and in fact, nothing was recovered from the possession of the applicant; there is no independent witness of the alleged recovery. It is also contended that the mandatory provisions of N.D.P.S.Act has not been complied with. It is next contended that co-accused Himanshu and Prince have been enlarged on bail by coordinate Bench of this Court vide orders dated 04.01.2021 and 5.1.2021 in Cr. Misc. Bail Application Nos. 48504 of 2020 and 49559 of 2020 respectively. It has lastly been submitted that applicant is languishing in jail since 2.11.2020 having no other criminal history to his credit and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail.
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 Arif @ Sonu involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 7.1.2021
Lbm/-
3 issues framed by the court
Whether the applicant Arif @ Sonu should be released on bail in a narcotics offence.
Whether the mandatory provisions of the N.D.P.S. Act have been complied with warranting bail.
Whether the applicant satisfies the bail conditions given his jail tenure and lack of criminal history.
1 provisions across 1 enactments
Arif @ Sonu
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
