Allowed

Sirajuddin @ Bablu v. State of U.P.

Allahabad HC1 Nov 2022BAIL/26534/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Sirajuddin @ Bablu in a Narcotic Drugs and Psychotropic Substances Act case. The court noted the absence of independent witnesses to the personal search and recovery below minimum commercial quantities, allowing bail subject to bonds and conditions.

What did the court decide?

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

Sirajuddin @ Bablu 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. - 26534 of 2022

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Applicant :- Sirajuddin @ Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Shahroze Khan, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 71 of 2022, under Sections 8/21 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Mohana, District Siddharth Nagar during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by Sub Inspector of Police alleging that on the basis of information received from a Mukhbir, the applicant was apprehended and during his personal search, 240 tablets of Alprazolam from the pockets of the jeans worn by him.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

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Applicant's criminal history has been explained by filing a supplementary affidavit as per which, he has already been enlarged on bail in all other cases in which he has been implicated.

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The State has filed a counter affidavit annexing there with a report of Forensic Science Laboratory as per which the sample tested has been found to be of Alprazolam

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The applicant is languishing in jail since 02.04.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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I have considered the aforesaid facts and submissions and keeping in view the fact that prima facie it appears at this stage that although the substance was allegedly recovered during

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personal search of the applicant and the search was not conducted in presence of a Gazetted Officer; that there are no independent witnesses of the search and seizure; moreover the substances recovered falls below the minimum prescribed commercial quantity of alprazolam.

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Keeping in view the aforesaid discussion, I am of the view that the applicant is entitled to be released on bail.

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

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Let the applicant Sirajuddin @ Bablu be released on bail in Case Crime No. 71 of 2022, under Sections 8/21 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Mohana, District Siddharth Nagar 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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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 :- 1.11.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.03 13:11:27 IST Reason: Location: High Court of Judicature at Allahabad

Sirajuddin @ Bablu v. State of U.P.

Case brief

What is this about?

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Sirajuddin @ Bablu v. State of U.P.

Case brief

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