The court granted bail to the applicant charged with offenses under the N.D.P.S. Act. The applicant was found to be a fit case for bail without an opinion on the merits of the underlying charges.
Released on bail by executing a personal bond and two sureties subject to specified conditions.
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. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43737 of 2022
Applicant :- Sultana Praveen @ Aunty @ Sultana Seraj Opposite Party :- State of U.P. Counsel for Applicant :- Ratan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Sultana Praveen @ Aunty @ Sultana Seraj, who is involved in Case Crime No. 156 of 2022, under Section 8/21 Narcotics Drugs and Psychotropic Substances Act, 1985, Police Station Ahraura, District Mirzapur and is in jail since 24.08.2022, is seeking enlargement on bail during the trial.
As per prosecution story, after receiving the information police has gone to the house of the applicant and 205 gram illegal heroine has been recovered from the possession of the applicant.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that there is no independent witness of alleged recovery. It is further submitted that alleged recovery of 205 gram heroine is below the commercial quantity, i.e., 250 gram. It is further submitted that there is no compliance of Sections 41, 50, 52, 53 and 57 of N.D.P.S. Act. It is further submitted that nothing has been recovered from the possession of the applicant. It is further submitted that applicant is a woman and aged about 60 years. It is further submitted that the applicant is languishing in jail since 24.08.2022 and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.
In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
Order Date :- 21.10.2022 A.N. Mishra
Digitally signed by AMARNATH MISHRA Date: 2022.11.09 10:35:28 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant charged under the Narcotics Drugs and Psychotropic Substances Act.
1 provisions across 1 enactments
Sultana Praveen @ Aunty @ Sultana Seraj
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
