Allowed

Kaushal Kishor v. State of U.P.

Allahabad HC22 Mar 2022BAIL/3283/2022

Case brief

AI extract

What is this about?

In a criminal bail application under the NDPS Act, the applicant challenged the recovery of ganja and absence of police compliance with Section 50. Finding quantity below commercial limits and lack of public witnesses, the Court allowed bail subject to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in the like amount subject to conditions against tampering and intimidation.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3283 of 2022

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Applicant :- Kaushal Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Antesh Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,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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It is submitted that in this case applicant has been implicated falsely by the police showing false recovery of 2.5 kg. ganja which is less than commercial quantity i.e. 20 kg. The criminal history shown against the applicant has been explained through supplementary affidavit. There is no public witness of the alleged recovery. No compliance of Section 50 of the N.D.P.S. Act has been done by the police at the time of arrest of the applicant. Applicant is languishing in jail since 20.12.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail.

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Considering the facts and circumstances of the case, the nature of offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that quantity of ganja said to be recovered from the possession of the applicant is less than the commercial quantity and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Kaushal Kishor involved in Case Crime No.247 of 2021, under Section 8/20 N.D.P.S. Act, Police Station Mau, District Chitrakoot, 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 subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 22.3.2022 Ashok Gupta

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Digitally signed by ASHOK KUMAR GUPTA Date: 2022.03.25 17:12:57 IST Reason: Location: High Court of Judicature at Allahabad

Kaushal Kishor v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kaushal Kishor v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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