Allowed

Krishna Kumar v. State of U.P.

Allahabad HC13 Jan 2022BAIL/40107/2021

Case brief

AI extract

What is this about?

The court granted bail to Krishna Kumar, an accused convicted under the N.D.P.S. Act for alleged possession of ganja in a truck, scrutinizing lack of independent witnesses and recovery discrepancies while rejecting stringent opposition from the state.

What did the court decide?

Release on bail via personal bond and two sureties with conditions against tampering, intimidation, and criminal activity.

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

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40107 of 2021

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Applicant :- Krishna Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by the applicant, Krishna Kumar, in Case Crime No. 271 of 2021, under Sections-8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station-Sector-49, DistrictGautam Buddh Nagar.

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Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

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Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 12.05.2021; he is of four criminal antecedents, wherein, he is on bail but, none of them is of N.D.P.S. Act; the alleged recovered ' Ganja ' in the tune of one quintal 75 Kilograms was said to be from a truck cabin and three accused persons were said to have been apprehended, whereas, there is no independent public witness nor any such recovery was there; applicant is neither owner of the truck nor is of any concern; provision of Section 50 of N.D.P.S. Act was also not complied with; co-accused Vedram has been enlarged on bail in this very case crime number in Criminal Misc. Bail Application No. 28139 of 2021; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.

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Learned AGA has vehemently opposed bail but could not oppose this fact that the applicant is of no criminal antecedent of N.D.P.S. Act and the recovery is from a Truck cabin, wherein, three persons have to be boarded.

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Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits

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of the case, a case for bail is made out, accordingly allowed.

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Let the applicant, Krishna Kumar , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The computer generated copy of such order shall be self attested by counsel of the party concerned.

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The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 13.1.2022 Deepak/

Krishna Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Krishna Kumar 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

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Case details

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