Allowed bail for the applicant in a narcotics case involving possession of ganja, noting non-compliance with Section 50 and below-commercial quantity as key factors.
Release of the applicant on bail on furnishing a personal bond and two sureties upon fulfillment of specified conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16182 of 2022
Applicant :- Loknath Sahu @ Lulu Opposite Party :- State of U.P. Counsel for Applicant :- Fakhruzzaman,Dileep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Shri Fakhruzzaman, learned counsel for the applicant, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant- Loknath Sahu @ Lulu with a prayer to release him on bail in Case Crime No.56 of 2022, under Sections 8/20 of N.D.P.S Act, Police Station G.R.P., District Jhansi during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the alleged recovery of 8.086 Kg Ganja has been recovered from the possession of the applicant. It is further submitted that provision of Section 50 of N.D.P.S Act has not been followed. The quantity of the contraband is below the commercial quantity. It is further submitted that the criminal history of one case has been explained in paragraph no. 6 of the affidavit, in which the applicant is on bail. He further submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 24.01.2022.
Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Loknath Sahu @ Lulu involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 12.5.2022 Sanjeet
Digitally signed by SANJEET KUMAR YADAV Date: 2022.05.12 16:56:14 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a case involving alleged recovery of ganja under Sections 8/20 of N.D.P.S Act.
Whether the failure to inform the applicant under Section 50 of the N.D.P.S Act supports the bail prayer.
Whether the bond conditions are adequate to prevent tampering with evidence or witnesses.
1 provisions across 1 enactments
Loknath Sahu @ Lulu
Chandra Kumar Rai
Sanjeet Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
