Allowed

Ravi @ Inam v. State of U.P.

Allahabad HC28 Jul 2022BAIL/24601/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Ravi @ Inam in an NDPS case involving Doda powder recovery. The court observed non-compliance with Section 50 of the N.D.P.S. Act and lack of independent witnesses for recovery, granting bail with conditions.

What did the court decide?

Released on bail with a personal bond and two sureties, subject to conditions regarding attending trial and not influencing witnesses or tampering with evidence.

Ravi @ Inam 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. - 24601 of 2022

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Applicant :- Ravi @ Inam Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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(1) Heard Sri A. Z. Khan, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, 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. 32 of 2022, under Sections 8/15 N.D.P.S. Act, Police Station Nanauta, District Saharanpur, during pendency of the trial in the Court below.

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(3) The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of police against the applicant alleging that they had apprehended the applicant while he was standing in a suspicious condition and 5 Kg. Doda powder was recovered from him.

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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 and the prosecution story is false and frivolous and that nothing has been recovered from the applicant. It has further been stated that mandatory provisions of Sections 42, 50, 52, 55 and 57 of N.D.P.S. Act and Section Sections 50 and 104 of Cr.P.C. have not been complied with at the time of alleged recovery and arrest. The commercial quantity of Doda powder is 50 Kg. and the quantity recovered from the applicant i.e. 5 Kg. can be considered to be a very small quantity. It has been stated in the affidavit that applicant has no criminal history and therefore, it does not appear likely that in case the applicant is released on bail, he will again commit the offence.

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(5) The applicant is languishing in jail since 07.02.2022.

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(6) Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail. However, he could not dispute the aforesaid aspect of the matter.

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(7) Having regard to the aforesaid submissions of learned counsel for the applicant and keeping in view the facts that

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there are no independent witness of the alleged recovery as also the mandatory provisions of Section 50 of the N.D.P.S. Act have not been complied with during the alleged recovery, there appears to be requisite ground believing that the applicant cannot be proved guilty of the aforesaid offences, I find it to be a fit case for grant of bail to the applicant in the aforesaid case crime number.

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

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(9) Let the applicant Ravi @ Inam be released on bail in Case Crime No. 32 of 2022, under Sections 8/15 N.D.P.S. Act, 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 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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(10) 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 :- 28.7.2022/AKT

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Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.07.30 12:58:50 IST Reason: Location: High Court of Judicature at Allahabad

Ravi @ Inam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi @ Inam v. State of U.P.

Case brief

What is this about?

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