Held that the present case is fit for grant of bail to the applicant in a drug possession case under the N.D.P.S. Act, ordering release subject to standard bail conditions.
Release of the applicant on bail in Case Crime No. 103 of 2021 upon furnishing a personal bond and two sureties with specified conditions.
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. - 12733 of 2022
Applicant :- Shariq Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Bal Ram Gupta Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
(1) Heard Sri Bal Ram Gupta, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.
(2) The instant application has been filed seeking release of the applicant on bail in Case Crime No. 103 of 2021, under Section 8/20 N.D.P.S. Act, Police Station Anwarganj, District Kanpur Nagar, during pendency of the trial in the Court below.
(3) The aforesaid case has been registered against the applicant on the basis of an F.I.R. lodged by the police alleging to have recovered 1.40 Kg Charas from the applicant.
(4) In the affidavit filed in support of the bail application, it has been stated that applicant has been falsely implicated in the aforesaid case by the police and that he has not committed any offence. It has further been stated that mandatory provisions of N.D.P.S. Act have not been complied with in the alleged recovery and arrest of the applicant. The affidavit contains an assertion that the applicant has no criminal history.
(5) The applicant is languishing in jail since 29.11.2021.
(6) Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail. However, he could not dispute the aforesaid aspect of the matter.
(7) Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case crime number.
(8) In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
(9) Let the applicant Shariq Hussain be released on bail in Case Crime No. 103 of 2021, under Section 8/20 N.D.P.S. Act,
on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
(10) In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 26.7.2022/AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.07.28 11:03:30 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for release on bail in proceedings under the N.D.P.S. Act given the allegations of false implication and procedural non-compliance.
1 provisions across 1 enactments
Shariq Hussain
State of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
