Allowed

Jajvinder Singh v. State of U.P.

Allahabad HC16 Nov 2022BAIL/44201/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Jajvinder Singh in a case under Sections 8/15/18 of the NDPS Act. The court noted the small quantity of drugs recovered and the absence of prior NDPS offenses, granting release on a personal bond and two sureties subject to standard conditions.

What did the court decide?

Application allowed; applicant released on bail on furnishing a personal bond and two sureties in like amount.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44201 of 2022

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Applicant :- Jajvinder Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Jitendra Kumar Yadav, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.

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2.Supplementary affidavit filed today is taken on record.

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3.The instant application has been filed seeking release of the applicant on bail in Case Crime No.339 of 2022, under Sections 8/15/18 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Gajraula, District Pilibhit.

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4.The aforesaid case has been registered on the basis of a first information report lodged by a Senior Suub-Inspector of Police, stating that on the basis of an information received from a Mukhbir, three persons were apprehended and it is alleged that all three of them confessed that they were having opium and Doda Powder as also illegal weapons and two pistols, ten empty cartridges and 550 gm. Doda Powder and 445 gm. opium was recovered from a bag being carried by the applicant in hand.

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5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case and he is in jail since 28.08.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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6.A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in three other cases - (i) Case Crime No. 340 of 2022, under Sections under Sections 3/5/25 of the Arms Act has been lodged along with the present case, (ii) Case Crime No. 23 of 2020 under Sections, 307, 504, 506 IPC, P.S. Amaria, District Pilibhit and (iii) Case Crime No. 35 of 2020 under Section 3/25 Arms Act, P.S. Amaria, District Pilibhit and in both of which the applicant has been released on

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bail.

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7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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8.Having considered the aforesaid facts and submissions and keeping in view the fact that the quantities of Doda Powder and opium recovered from the possession of the applicant are less than prescribed minimum quantities of both the aforesaid substances and that the applicant has no other criminal history of any case under the NDPS Act, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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9.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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10.Let the applicant Jajvinder Singh be released on bail in Case Crime No.339 of 2022, under Sections 8/15/18 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Gajraula, District Pilibhit on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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

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Order Date :- 16.11.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.11.22 12:27:10 IST Reason: Location: High Court of Judicature at Allahabad

Jajvinder Singh v. State of U.P.

Case brief

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Jajvinder Singh v. State of U.P.

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