Allowed

Yogesh @ Furri v. State of U.P. through Secretary Home at Lucknow

Allahabad HC9 Mar 2022BAIL/1846/2022

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of Yogesh @ Furri. The court held that the applicant made out a case for bail, noting the alleged false recovery of 530 grams of alprazolam without complying with Section 50 of the NDPS Act, permitting release on bond and sureties.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Yogesh @ Furri Vs State of U.P. through Secretary Home at… — Narcotics (NDPS) | Allahabad HC (2022)

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1846 of 2022

¶3

Applicant :- Yogesh @ Furri Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Chandra Sharma,J.

¶5

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

¶6

It is submitted that in this case applicant has been falsely implicated by showing false recovery of 530 gram alprazolam without complying the provisions of NDPS Act and also the relevant provision as contained under Section 50 of the Act. It is also submitted that applicant has a criminal history which has been explained in the supplementary affidavit. He is languishing in jail since 15.07.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶7

Learned AGA opposed the prayer for bail and urged that quantity said to be recovered from the possession of the applicant is more than the commercial quantity and therefore, applicant is not entitled for bail.

¶8

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9

Let the applicant- Yogesh , involved in Case Crime No.551 of 2021, under Section - 21/22 of N.D.P.S. Act, P.S.- Kosikalan, District- Mathura, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶10

The applicant will not tamper with the evidence during the trial.

¶11

The applicant will not pressurize/ intimidate the prosecution witness.

¶12

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

¶13

The applicant shall not commit an offence similar to the

¶14

offence of which he is accused, or suspected of the commission of which he is suspected.

¶15

The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

¶16

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

¶17

Order Date :- 9.3.2022 Sachin/-

¶18

Digitally signed by SACHIN TIWARI Date: 2022.03.11 10:39:30 IST Reason: Location: High Court of Judicature at Allahabad

Yogesh @ Furri v. State of U.P. through Secretary Home at Lucknow

Case brief

What is this about?

What did the court decide?

Yogesh @ Furri v. State of U.P. through Secretary Home at Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sachin Singh Vs State of U.P.

Satish Gupta and Another Vs State of U.P.

Shama @ Sheetal Vs State of U.P.

Mohammad Umar @ Sonu Vs State of U.P. and 3 Others

Tejbahadur Yadav Vs State of U.P.

Afzal Vs State of U.P. through Secretary Home at Lucknow