Allowed

Geeta Devi v. State of U.P.

Allahabad HC9 Dec 2022BAIL/34123/2022

Case brief

AI extract

What is this about?

This Court allowed the bail application of Geeta Devi in u/s 8/20 N.D.P.S. Act case. Relief was granted due to procedural lapses in sample collection and the applicant's status as a first-time offender.

What did the court decide?

Release of applicant on personal bond and two sureties subject to conditions regarding non-tampering with evidence, non-influence of witnesses, and attendance in court.

Geeta Devi 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. - 34123 of 2022

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Applicant :- Geeta Devi Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Dhiraj Srivastava, the learned counsel for the applicant, Sri Amit Kumar Shukla, the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge her on bail in Case Crime No. 67 of 2022, under Section 8/20 N.D.P.S. Act, Police Station Khutar, District Shahjahanpur.

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The aforesaid case has been registered on the basis of an FIR lodged by the Sub Inspector of Police stating that on the basis of an information received from a Mukhbir, the applicant was apprehended while she was carrying a bag on her head from which 15 packets were recovered allegedly containing a total of 6.800 kg. charas.

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It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, she has been falsely implicated in the case and she is in jail since 27.01.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and she will fully cooperate in the investigation.

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The State has filed counter affidavit annexing therewith the test report submitted by the Forensic Science Laboratory, Moradabad, which mentions the substance tested to be charas .

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Having considered the aforesaid facts and submissions and keeping in view the fact that even as per FIR averments, the charas was packed in 15 packets whereas a single sample has been drawn for being tested and the samples have not been conducted in presence of the Magistrate as required by Section 52-A of N.D.P.S. Act also keeping in view the fact that the applicant is a woman, having no previous criminal history, I am of the view that the applicant is entitled to be released on bail

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pending conclusion of the trial. The bail application is accordingly allowed.

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Let the applicant - Geeta Devi be released on bail in Case Crime No. 67 of 2022, under Section 8/20 N.D.P.S. Act, Police Station Khutar, District Shahjahanpur on her furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 her 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 bail before this Court seeking cancellation of bail.

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Order Date :- 9.12.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.12.13 10:39:44 IST Reason: Location: High Court of Judicature at Allahabad

Geeta Devi v. State of U.P.

Case brief

What is this about?

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Geeta Devi v. State of U.P.

Case brief

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What did the court decide?

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