Allowed

Babban v. State of U.P.

Allahabad HC22 Mar 2022BAIL/3714/2022

Case brief

AI extract

What is this about?

This court granted bail to the applicant Babban in an NDPS Act case involving the alleged possession of Alprazolam powder. The application highlighted lack of independent witness for recovery and missing FSL report. The order mandated a personal bond and local sureties with specific conduct conditions.

What did the court decide?

Bail granted upon furnishing a personal bond and two local sureties in the like amount.

Babban Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

¶1

Court No. - 74

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3714 of 2022

¶3

Applicant :- Babban Opposite Party :- State of U.P. Counsel for Applicant :- Prabha Shanker Bharti Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Varma,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State respondent.

¶6

It is contended that the applicant has been falsely implicated in the present. False recovery of Alprazolam powder (intoxicating powder) has been shown from the applicant. There is no independent witness to the recovery. It is further submitted that the mandatory provisions of N.D.P.S. Act has not been complied with. No FSL report has been produced, which may confirm that the substance recovered is Alprazolam powder. The criminal history of the applicant has been explained in paragraph no. 2 of the supplementary affidavit. The applicant is in jail since 17.11.2021 and if he is released on bail, he will not misuse the liberty of bail.

¶7

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submission from the record.

¶8

Perused the first information report as well as averments made in the application.

¶9

Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant Babban involved in case crime no. 625 of 2021 under Section 8/21 of NDPS Act police station Bhojpur district Ghaziabad be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:

¶10

shall appear on the date fixed by the trial court;

¶11

shall not tamper with the prosecution evidence;

¶12

shall not pressurize the prosecution witnesses.

¶13

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶14

Order Date :- 22.3.2022 Ashish

¶15

Digitally signed by ASHISH Date: 2022.03.23 18:54:51 IST Reason: Location: High Court of Judicature at Allahabad

Babban v. State of U.P.

Case brief

What is this about?

What did the court decide?

Babban 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arman Vs State of U.P.

Rakesh Yadav Vs State of U.P.

Akhilesh Vs State of U.P.

Farookh Vs State of U.P.

Savej Alias Bittu Vs State of U.P.

Ramendra Singh @ Raghvendra Thakur @ Katta Vs State of U.P.and 3 Others