This application sought bail under the NDPS Act. The court allowed it, noting that a mandatory search by a Gazetted Officer was not conducted during the personal search of the applicant's clothes, and a co-accused had already been granted bail.
Released on bail with permission to furnish a personal bond and two sureties.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35506 of 2022
Applicant :- Kishan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kaushlendra,Sapna Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
carried out in presence of a Gazette Officer and that the mandatory provisions contained under Section 52-A of the NDPS Act have not been followed during search and also keeping in view the fact that the other co-accused person Satendra Yadav from whom 45 gram diazepam has been recovered has already been granted bail by means of an order passed today in Bail Application No. 35375 of 2022, I am of the view that the applicant is also entitled to be released on bail.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(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.
Order Date :- 23.11.2022
Jaswant
Digitally signed by JASWANT KUMAR Date: 2022.11.24 17:20:45 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant bail to the applicant in a narcotics case where mandatory search provisions were allegedly violated.
2 provisions across 1 enactments
Kishan Yadav
State of U.P.
Subhash Vidyarthi
Jaswant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
