Allowed

Farah v. State of U.P.

Allahabad HC12 Jan 2022BAIL/28406/2021

Case brief

AI extract

What is this about?

Allahabad High Court at Court No. 83 allowed a bail application for the applicant, Farah, charged under Sections 21/22 of the NDPS Act. The court held that no case for guilt was made out, considering her clean record and procedural lapses, and allowed bail subject to standard conditions.

What did the court decide?

Release of the applicant on bail with a personal bond and two sureties on standard conditions.

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

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28406 of 2021

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Applicant :- Farah Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Singh Baish,Shivanand Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by applicant, Farah, in Case Crime No. 179 of 2021, under Section- 21/22 of N.D.P.S. Act, P.S. Ekdil, District- Etawah.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; she has been falsely implicated in this very case crime number and is languishing in jail since 17.6.2021; she is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; a recovery of 130 grams of 'Alprazolam' is being said to have been made by her whereas commercial quantity is above 100 grams though no such recovery is ever made nor there is any independent public witness nor compliance of Section 50 of N.D.P.S. Act is there. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.

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Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant, Farah , involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The computer generated copy of such order shall be self attested by counsel of the party concerned.

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The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.

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Order Date :- 12.1.2022 Kamarjahan

Farah v. State of U.P.

Case brief

What is this about?

What did the court decide?

Farah v. State of U.P.

Case brief

What is this about?

What did the court decide?

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