Allowed

Bhola @ Fardeen Khan v. State of U.P.

Allahabad HC17 Aug 2022BAIL/32343/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Bhola @ Fardeen Khan in a trial proceeding for narcotic drug offenses under the NDPS Act. The court observed that the case was a fit case for bail without engaging with the merits of the allegations.

What did the court decide?

Release of the applicant on bail by personal bond and two sureties with conditions against tampering with evidence or witnesses.

Bhola @ Fardeen Khan Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32343 of 2022

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Applicant :- Bhola @ Fardeen Khan Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kant Pandey,Shantanu Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State 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. 0165 of 2022, under Sections 8/22/29/60(3) of NDPS Act, Police Station Kishni, District Mainpuri during pendency of the trial in the Court below.

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Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present case. He further argued the alleged recovery shown from the applicant is planted one. There is no compliance of Section 50 of NDPS Act. Applicant has no criminal history. He further submitted that co-accused Sanju Khan has already been granted bail by the Co-ordinate Bench of this Court, copy of the order has been provided during course of the argument, same is taken on record. He lastly submitted that in case the applicant is released on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 22.5.2022.

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Per contra, learned A.G.A. opposed the prayer for grant of bail but could not dispute the factual submissions as raised by learned counsel for the applicant.

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Having heard the aforesaid submissions and upon perusal of record and considering the complicity of accused, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed .

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Let the applicant Bhola @ Fardeen Khan involved in aforesaid case crime 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 the following conditions:-

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(i) The applicant will not tamper with the evidence during the

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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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7.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 :- 17.8.2022 CS/-

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Digitally signed by CHANDAN SINGH Date: 2022.08.18 17:03:36 IST Reason: Location: High Court of Judicature at Allahabad

Bhola @ Fardeen Khan v. State of U.P.

Case brief

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Bhola @ Fardeen Khan v. State of U.P.

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