Allowed

Munna Gupta@ Munna Mohammad v. State of U.P.

Allahabad HC17 Mar 2021BAIL/9713/2021

Case brief

AI extract

What is this about?

The court allowed bail to the applicant in a case under the NDPS Act. Despite allegations of false implication and non-compliance with Section 50, the court found it a fit case for bail while imposing conditions to prevent evidence tampering and further criminal activity.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties with specific conditions regarding cooperation and immunity from further criminal activity.

Munna Gupta@ Munna Mohammad Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9713 of 2021

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Applicant :- Munna Gupta@ Munna Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The applicant- Munna Gupta@ Munna Mohammad seeks bail in Case Crime No. 276 of 2020, under Section 21/22 N.D.P.S. Act, Police Station Maudarwaja, District Farrukhabad.

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It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further contended that the alleged 250 gram Alprajolam is below commercial quantity. It is next contended that there is no compliance of section 50 of the N.D.P.S. Act. There is no independent witness of the alleged recovery. The applicant is in jail since 26.06.2020 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial. .

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Per contra, learned AGA vehemently opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made herein-above, will not affect the trial of the case.

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Let the applicant- Munna Gupta@ Munna Mohammad , involved in the above mentioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the

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investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The identity, status and residential proof of sureties will be verified by the court concerned.

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Order Date :- 17.3.2021 AK Pandey

Munna Gupta@ Munna Mohammad v. State of U.P.

Case brief

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Munna Gupta@ Munna Mohammad v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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