Allowed

Subhan v. State of U.P through Secretary Home

Allahabad HC15 Jul 2022BAIL/15855/2022

Case brief

AI extract

What is this about?

Single bench bail application under the NDPS Act where the court granted bail after noting lapses in independent witness of recovery and non-compliance of mandatory provisions, despite the charge being of commercial quantity.

What did the court decide?

Released on bail by furnishing a personal bond and two local sureties each of like amount to the satisfaction of the court.

Subhan Vs State of U.P through Secretary Home — Narcotics (NDPS) | Allahabad HC (2022)

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e-court

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15855 of 2022

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Applicant : Subhan Opposite Party :- State Of U.P Through Secretary Home Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.27 of 2022, under Section 8/21 of N.D.P.S. Act, Police Station Hapur Dehat, District Hapur.

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Learned counsel for the applicant submits that according to the FIR version 100 grams alprazolam powder alleged to have been recovered from the right pocket of pant of the applicant. He further submits that there is no independent witness of the alleged recovery. He next submits that there is no evidence on record to connect the recovered material to be alprazolam powder. He further submits that compliance of mandatory provisions of N.D.P.S. Act has not been complied. He next submits that applicant has criminal history of 3 cases, which has been explained in para 14 of the affidavit filed in support of the bail application. He further submits that the applicant has been falsely implicated in the instant case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. He next submits that the applicant is languishing in jail since 13.1.2022.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that 100 gram alprazolam powder is a commercial quantity and compliance of mandatory provisions of N.D.P.S. Act has been complied, therefore, he does not deserve any benevolence. FSL report is still awaited.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, no independent witness of the alleged recovery, ground for noncompliance of mandatory provisions of N.D.P.S. Act, FSL

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report is still awaited, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Subhan involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 15.7.2022

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m.a.

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Digitally signed by MOHAMMAD AYYUB Date: 2022.07.16 10:39:22 IST Reason: Location: High Court of Judicature at Allahabad

Subhan v. State of U.P through Secretary Home

Case brief

What is this about?

What did the court decide?

Subhan v. State of U.P through Secretary Home

Case brief

What is this about?

What did the court decide?

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