Allowed

Afsar Ali v. State of U.P.

Allahabad HC3 Feb 2022BAIL/1892/2022

Case brief

AI extract

What is this about?

This single-judge court dismissed bail applicability questions by granting bail to Afsar Ali in a NDPS case. Noting a Section 50 compliance grievance and commercial quantity recovery, the judge discharged the applicant on a personal bond and two sureties with strict affidavit conditions regarding tampering, attendance, and charge framing.

What did the court decide?

Applicant Afsar Ali released on bail by furnishing personal bond and two reliable sureties to the satisfaction of the court concerned.

Afsar Ali Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1892 of 2022

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Applicant :- Afsar Ali Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicant and 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 in case crime No.648 of 2021, under Sections 8/21 Narcotic Drug and Psychotropic Substance Act, Police Station Loni, District Ghaziabad with the prayer to enlarge him on bail.

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The submission of the learned counsel for the applicant is that applicant is an innocent person and has been falsely implicated in the present case. It is contended that the recovery of 115 gram Alprazolam power from the possession of the applicant is above the commercial quantity of 100 gram. It is contended that provisions of Section 50 of the N.D.P.S. Act has not been complied with. It is further contended that the applicant has no previous criminal history; he is in jail since 24.05.2021 and, in case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned AGA has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Let applicant- Afsar Ali be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he

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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 in such proclamation, 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 :- 3.2.2022 Abhishek Singh

Afsar Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Afsar Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

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