Sehwaz v. State of U.P.
Case brief
What is this about?
Hon'ble High Court of Judicature at Allahabad allowed a bail application in an N.D.P.S. Act case, finding that a case for bail was made out on prima facie evidence and compelling reasons for absence.
What did the court decide?
Applicant released on bail subject to execution of a personal bond with two reliable sureties and compliance with specified conditions.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25788 of 2022
Applicant :- Sehwaz Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard over bail application moved by applicant, Sehwaz, in Case Crime No. 408 of 2018, under Section 8/20 of N.D.P.S. Act, Police Station-Ramgarh, District-Firozabad.
Sri Rajesh Yadav, learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 8.3.2022; the applicant was granted bail by order of this Court dated 16.8.2018 in Crl. Misc. Bail Application no. 30819 of 2018 on merit; recovery of contraband article shown by the police from the possession of the applicant is less than commercial quantity; provisions enumerated under the NDPS Act for search and seizure were not followed; applicant failed to appear before the court concerned due to outbreak of covid-19 pandemic in the intervening period and subsequently, he was held in jail custody in other case from where he was summoned by the court concerned and second bail application was rejected by the trial court vide order dated 23.4.2022 on the ground of misuse of liberty of bail; applicant has not deliberately failed to appear in the court; absence of the accused in the trial court was in view of compelling reason beyond the control of applicant; he undertakes to abide by the condition of fresh bail and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Issues for consideration
2 issues framed by the court
Whether bail is a fit case to be granted in the instant bail application.
Whether reasonable apprehension exists of tampering with evidence or witnesses.
Parties & counsel
- applicant
Sehwaz
Coram
Ram Manohar Narayan Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/25788/2022
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