Allowed

Sanavvar @ Khali v. State of U.P.

Allahabad HC11 Nov 2022BAIL/34135/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application of the applicant, held to have been falsely implicated in a narcotics case. The release was granted primarily due to prima facie failure to follow mandatory provisions regarding sample collection and the lack of independent witnesses to prove recovery.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties, subject to conditions regarding evidence tampering, witness influence, and appearance before the trial court.

Sanavvar @ Khali 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. - 34135 of 2022

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Applicant :- Sanavvar @ Khali Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Mohd. Aslam, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

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Supplementary affidavit filed today is taken on record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 277 of 2022, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kotwali Dehat, District Saharanpur during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police alleging that on the basis of suspicion, the applicant was apprehended and 1000 gram Charas has been recovered from the possession of the applicant.

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The F.I.R. states that a single sample weighing 100 gram was taken out from the substance recovered.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

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A supplementary affidavit filed on behalf of the applicant disclosing his involvement in a case bearing Case Crime No. 435 of 2021 under Section 63 of the Excise Act, Police Station Kotwali Dehat, District Saharanpur in which the applicant has been granted bail by means of an order dated 01.09.2021.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Having regard to the aforesaid facts and submissions and keeping in view the fact that there are no independent witnesses of the alleged recovery; that as per the F.I.R. allegation a single

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sample has been taken out from the substance recovered by the Police; prima facie, it appears at this stage that the mandatory provisions regarding collection of sample have not been followed in the present case, I am of the view that the applicant is entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Sanavvar @ Khali be released on bail in Case Crime No. 277 of 2022, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kotwali Dehat, District Saharanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the 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 him 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 before this Court seeking cancellation of the bail.

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Order Date :- 11.11.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.11 18:45:28 IST Reason: Location: High Court of Judicature at Allahabad

Sanavvar @ Khali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanavvar @ Khali v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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