Rashid v. State of U.P.
Case brief
What is this about?
The High Court allowed the bail application of Rashid in a case under Sections 8/20 N.D.P.S. Act. The court noted procedural lapses and low quantity of contraband but imposed strict conditions for bail.
What did the court decide?
Bail granted on personal bond and two local sureties subject to strict appearance and conduct conditions.
What the court decided
Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48253 of 2022
Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant- Rashid with a prayer to enlarge him on bail in Case Crime No. 371 of 2022, under Sections 8/20 N.D.P.S. Act, Police Station - Kotwali, District - Jhansi, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Nothing incriminating material has been recovered from the possession of the applicant or his pointing out. It is further submitted that 1 k.g. 100 g.m. of 'Ganja' are alleged to have been recovered from the possession of applicant, which is much less than commercial quantity. There is no compliance of Sections 50 and 52 of the N.D.P.S. Act and also no report of Forensic Science Laboratory on the basis of which it can be said that the alleged recovered item was a contraband. There is also no independent witness. The criminal history of the applicant has been explained in para-16 of the affidavit filed in support of bail application. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 31.08.2022.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case under Sections 8/20 N.D.P.S. Act given the quantity of contraband and procedural lapses.
Whether the bail conditions sufficiently safeguard against the risk of fleeing or tampering with witnesses.
Parties & counsel
- applicant
Rashid
Coram
Shiv Shanker Prasad
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/48253/2022
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