Court allowed bail to Jony @ Jivan in an NDPS case involving 110 grams of Alprazolam. Granted due to lack of criminal antecedent and absence of public witnesses, subject to standard bail conditions.
Applicant released on bail upon executing personal bond and two reliable sureties each in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41117 of 2021
Applicant :- Jony @ Jivan Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Maheshwari,Munna Lal,Nirbhay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Jony @ Jivan, in Case Crime No. 640 of 2021, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station-Indrapuram, District-Ghaziabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
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 01.05.2021; he is of no criminal antecedent; the alleged recovery of 110 Grams Alprazolam is little above than the commercial quantity of 100 Grams; It is a planted recovery with no independent public witness; no such recovery was there; no independent public witness is there; no compliance of Section 50 of the N.D.P.S. Act is there; 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.
Learned AGA has vehemently opposed bail but could not oppose this fact that the applicant is of no criminal antecedent.
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 of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Jony @ Jivan , 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:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 12.1.2022
Deepak/
3 issues framed by the court
Whether bail should be granted to the applicant under the Narcotic Drugs and Psychotropic Substances Act given his lack of criminal antecedent and the nature of recovery.
Whether the alleged scope for tampering with evidence or flight makes the applicant unfit for bail.
Whether the medical quantity accusation justifies denying bail in light of Section 8 NDPS Act provisions.
1 provisions across 1 enactments
Jony @ Jivan
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
