In Criminal Misc. Bail Application No. 5407 of 2021, the Court released the applicant, Mehraj, on bail in a trial for offenses under Sections 21/22 of the NDPS Act. The bail was granted on bond and sureties subject to standard conditions and did not address the merits of the recovery allegations raised.
Release of applicant on personal bond and two local sureties.
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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5407 of 2021
Applicant :- Mehraj Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
It is contended by the learned counsel for the applicant that alleged contraband has not been recovered from the possession of the applicant. It is further contended that there is no independent public witness of the alleged recovery. It is also contended that there was no compliance of Section 50 of the N.D.P.S. Act. It is also contended that the applicant has been falsely implicated in this case due to ulterior motive. The criminal history of the applicant has been explained in Paragraph-10 of the affidavit to the satisfaction of the Court. It is further contended that the applicant is in jail since 12.12.2020 and if he is released 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 averments made in the application..
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant- Mehraj, involved in Case Crime No. 416 of 2020, under Section 21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station Sahawar, District Kasganj, be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:
In case of default of any of the aforesaid conditions, this bail order shall automatically stand cancelled. Order Date :- 29.1.2021 SKT/-
1 issue framed by the court
Whether the applicant should be released on bail in a case involving allegations under Section 21 and 22 of the NDPS Act where recovery was disputed.
2 provisions across 1 enactments
Mehraj
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
