The court granted bail to Salman Alias Sultan in a narcotics case involving small commercial quantity recovery unsupported by independent witness. The order included conditions regarding tampering with evidence and future criminal conduct.
Applicant released on bail by furnishing personal bond and two sureties subject to conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3242 of 2022
Applicant :- Salman Alias Sultan Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has contended that 300 Gram Heroine is alleged to have been recovered from the possession of the applicant of which weight is less than commercial quantity. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant who is in jail since 15.11.2020.The applicant has criminal history of 12 cases which has been explained in paragraph12 of the supplementary afÏdavit.Applicant deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.
Without expressing any opinion on the merits, let the applicant Salman alias Sultan involved in case crime No. 463 of 2020, under Section 8/22 N.D.P.S. Act, Police Station Hariparvat, District Agra, be
released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 8.7.2022 Atul kr. sri.
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.07.09 14:55:17 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant deserves release on bail in a case involving supply of narcotic drugs.
Whether the prosecution has followed Section 50 of the N.D.P.S. Act.
1 provisions across 1 enactments
Salman Alias Sultan
Siddharth
Atul Kumar Srivastava
As recorded by the court registry
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