Allowed

Bablu Nagar v. State of U.P.

Allahabad HC1 Aug 2022BAIL/16320/2022

Case brief

AI extract

What is this about?

Bail granted to Bablu Nagar in an NDPS case involving false implication and lack of independent witness during recovery. Court held it a fit case for bail due to procedural irregularities under Section 50 of NDPS Act and no threat of absconding.

What did the court decide?

Release of applicant Bablu Nagar on bail on furnishing a personal bond and two sureties on conditions of not tampering with evidence, influencing witnesses, and appearing before the trial court.

Bablu Nagar 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. - 16320 of 2022

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Applicant :- Bablu Nagar Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Rajeev Tiwari, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 467 of 2021, under Sections 8/22, Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Chhibramau, District Kannauj during pendency of the trial in the Court below.

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3.The aforesaid case has been registered on the basis of a first information report dated 28.08.2021 lodged by a Sub-Inspector of Police alleging that on the basis of an information received from a Mukhbir (informer), the applicant was apprehended and he confessed that he was carrying 565 gm. Diazepam Powder. The FIR further states that no independent person agreed to become a witness of the alleged recovery.

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4.In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case; that he is a poor person doing labour work and that he is not indulged in the business of any narcotic substance. It has further been stated that nothing has been recovered from the applicant.

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The affidavit contains a categorical undertaking that in case the applicant is released on bail, he will not misuse the liberty .

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The learned counsel for the applicant has submitted that the mandatory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act have not been followed in the present case and that there is no independent witness of the alleged recovery.

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7.The applicant is languishing in jail since 28.08.2021.

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8.On 09.05.2022, the learned AGA had raised objection of non -

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disclosure of the case pending against the applicant.

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In the supplementary affidavit filed in support of the bail application, in response to the aforesaid objections raised by the learned AGA on 09.05.2022, it has been stated that the applicant has been falsely implicated in Case Crime No. 300 of 2021 under Section 8/20, Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Chhibramau, District Kannauj, in which the applicant has already been released on bail by means of an order dated 04.06.2021 passed by the Additional Chief Judicial Magistrate, Court No.1, Kannauj.

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10.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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11.Having considered the aforesaid submissions, particularly the submission that there are no independent witness of the alleged recovery, I am prima facie of the view that the submissions made on behalf of the applicant give rise to a reasonable ground for believing that the applicant may not not be held guilty of alleged offence. Further, there is no reason to believe that he is likely to commit any offence, if he is released on bail.

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12.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.

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13.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.

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14.Let the applicant - Bablu Nagar be released on bail in Case Crime No. 467 of 2021, under Sections 8/22, Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Chhibramau, District Kannauj 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:-

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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

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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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15.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.

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Order Date :- 1.8.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.08.02 18:57:24 IST Reason: Location: High Court of Judicature at Allahabad

Bablu Nagar v. State of U.P.

Case brief

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Bablu Nagar v. State of U.P.

Case brief

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