Allowed

Sabroj Ahmad v. State of U.P.

Allahabad HC19 Jul 2022BAIL/16087/2022

Case brief

AI extract

What is this about?

This High Court allowed a bail application filed by Sabroj Ahmad, who was charged under the NDPS Act with possession of ganja. The court granted bail noting that co-accused were already released. The applicant was ordered to furnish a personal bond with sureties and abide by conditions regarding evidence and witness tampering.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two reliable sureties each of the like amount.

Sabroj Ahmad Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16087 of 2022

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Applicant :- Sabroj Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Asim Zulfiquar,Abhishek Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Abhishek Tripathi, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.0039 of 2022, under Sections 8B/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 P.S. Kaushambi, District Kaushambi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by the Station House Officer of the police station against six persons alleging that they were travelling in one vehicle from which 22 Kg of ganja was recovered.

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It is further stated by the learned counsel for the applicant that co-accused Ravi Tiwari @ Shara and Pramod Kumar have already been granted bail by this Court vide orders dated 18-052022 and 08-06-2022 passed in Criminal Misc. Bail Application Nos.15123 of 2022 and 19707 of 2022.

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It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 09-03-2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.

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Keeping in view the aforesaid fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is

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accordingly allowed.

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Let the applicant - Sabroj Ahmad be released on bail in Case Crime No.0039 of 2022, under Sections 8B/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 P.S. Kaushambi, District Kaushambi on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 19.7.2022 pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.07.21 09:46:58 IST Reason: Location: High Court of Judicature at Allahabad

Sabroj Ahmad v. State of U.P.

Case brief

What is this about?

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Sabroj Ahmad v. State of U.P.

Case brief

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