Shiv Kumar @ Chilli v. State of U.P.
Case brief
What is this about?
NDPS bail granted; Sections 8/20 N.D.P.S. Act; Case Crime No. 87 of 2022; P.S. Bajariya, District Kanpur Nagar; recovery of 960 gram Charas below commercial quantity; mandatory Section 50 N.D.P.S. Act not followed; no independent witness of recovery; criminal history of three cases; in jail since 28.07.2022; Dataram Singh v. State of U.P., (2018) 3 SCC 22 relied on; bail allowed without expressing opinion on merits; personal bond and two sureties; conditions and cancellation clause; CRIMINAL MISC. BAIL APPLICATION No. 36976 of 2022; High Court of Judicature at Allahabad; Mayank Kumar Jain, J.; order date 19.9.2022.
What did the court decide?
Bail granted to Shiv Kumar @ Chilli in Case Crime No. 87 of 2022 (Sections 8/20, N.D.P.S. Act) on a personal bond with two sureties, subject to conditions barring tampering with evidence, influencing witnesses, absenting from trial dates and making inducements; prosecution at liberty to apply for cancellation of bail on breach of any condition.