Allowed

Gulzar @ Kallu v. State of U.P.

Allahabad HC18 Aug 2022BAIL/35413/2022

Case brief

AI extract

What is this about?

The Court granted bail to the applicant charged under the N.D.P.S. Act and Arms Act. The court noted failures in statutory procedures during police recovery and lack of independent witnesses, treating it as a fit case for bail.

What did the court decide?

Application allowed; applicant released on bail via personal bond and two sureties subject to conditions against tampering with evidence.

Gulzar @ Kallu Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35413 of 2022

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Applicant :- Gulzar @ Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard Sri Prakash Singh, the learned counsel for the applicant, the learned Additional Government Advocate 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. 112 of 2022 under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1984 and 4/25 Arms Act, Police Station Mirzapur, District Saharanpur during pendency of the trial in the Court below.

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The learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case showing recovery of 120 gram Charas and knife from the possession of the applicant. The contraband article which is alleged to have been recovered from the possession of the applicant is below the commercial quantity. It has further been submitted that mandatory provisions of Sections 50, 52, 52-A and 57 of N.D.P.S. Act have not been followed by the police. So far as recovery of knife from the possession of the applicant is concerned, it has been submitted that the same is absolutely false as there is no independent witness of the alleged recovery shown from the applicant. It has further been submitted that criminal history of applicant has been explained in para-36 of the affidavit filed in support of the application. It has further been submitted that applicant is languishing in jail since 29.5.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case.

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In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application

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is allowed.

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Let the applicant Gulzar @ Kallu be released on bail in Case Crime No. 112 of 2022 under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1984 and 4/25 Arms Act, Police Station Mirzapur, 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 :- 18.8.2022 Shiraz

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Digitally signed by SHIRAZ ALI Date: 2022.08.22 11:47:31 IST Reason: Location: High Court of Judicature at Allahabad

Gulzar @ Kallu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gulzar @ Kallu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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