Court allowed bail application for Afzal accused under NDPS Act, noting false implication and non-compliance with Section 50. Bond and sureties required.
Release on bail with personal bond and two sureties subject to standard conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1954 of 2022
Applicant :- Afzal Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted that in this case applicant has been falsely implicated by showing false recovery of 150 gram alprazolam without complying the provisions of NDPS Act and also the relevant provision as contained under Section 50 of the Act. There is no criminal history against the applicant. He is languishing in jail since 24.11.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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.
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.
Let the applicant-Afzal , involved in Case Crime No.1113 of 2021, under Sections-8/21 of N.D.P.S. Act, P.S.- Muradnagar, District-Ghaziabad, 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.
of which he is suspected.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court
Order Date :- 9.3.2022 Sachin/-
Digitally signed by SACHIN TIWARI Date: 2022.03.11 10:39:35 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail given the false implication charge and violation of Section 50 provisions during recovery.
Whether the commercial quantity of the recovered substance makes the applicant ineligible for bail.
2 provisions across 1 enactments
Afzal
State Of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
