Allowed

Vishal Alias Tittu Alias Alish v. State of U.P.

Allahabad HC23 Dec 2022BAIL/52670/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Vishal Alias Tittu Alias Alish in a NDPS case. Relying on Section 37(1)(b)(ii) of the NDPS Act and citing the parity of bail granted to a co-accused, the court ordered release on personal bond and two sureties without delving into merits.

What did the court decide?

The applicant is released on bail on executing a personal bond and furnishing two sureties each on conditions not to tamper with evidence or commit similar offences.

Vishal Alias Tittu Alias Alish Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

¶1

Court No. - 93

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52670 of 2022

¶3

Applicant :- Vishal Alias Tittu Alias Alish Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Tiwari,Gyan Prakash Tiwari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Surendra Singh-I,J.

¶5

Learned counsel for the applicant has filed today in Court bail order relating to co-accused Akash, passed by another coordinate bench of this Court vide order dated 13.12.2022, in Criminal Misc. Bail Application No. 48509 of 2022. It is taken on record.

¶6

This is an application for bail on behalf of the applicant Vishal Alias Tittu Alias Alish in Case Crime No. 897 of 2022, under Section 8/22 Narcotic Drugs & Psychotropic Substance Act, Police Station Nandgram, District Ghaziabad.

¶7

Heard Shri Gyan Prakash Tiwari, learned counsel for the applicant and learned A.G.A. appearing for the State.

¶8

The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is submitted that the alleged recovery of 130 gm of Alprazolam, shown from the applicant, is bogus and false. It is further submitted that provisions of Section 50 of N.D.P.S. Act has not been complied with. There is no FSL report to show that the alleged recovered material was in fact a narcotic or Alprazolam powder. It is fairly submitted that apart from the present case, the applicant has criminal history of 11 cases, which have been explained in paragraph no. 3 of the supplementary affidavit.

¶9

It is also submitted that co-accused, Akash, similarly circumstanced as the applicant, has already been enlarged on

¶10

bail by another co-ordinate bench of this Court vide order dated 13.12.2022 passed in Criminal Misc. Bail Application No. 48509 of 2022, entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is languishing in jail since 17.09.2022 and in case he is released on bail, he will not misuse the liberty of bail.

¶11

Learned A.G.A. appearing on behalf of the State has opposed the prayer for bail but could not deny the averments made by the accused-applicant.

¶12

Considering the submissions advanced by learned counsel for the parties, facts and circumstances of the case, perusing the record of the case, taking note of the provisions of Section 37(1)(b)(ii) of N.D.P.S. Act, nature of supporting evidence, the fact that co-accused Akash has already been enlarged on bail, but without expressing any opinion on the merit of the case, the applicant is entitled to be released on bail.

¶13

The bail application, accordingly, stands allowed .

¶14

Let the applicant Vishal Alias Tittu Alias Alish involved in the aforementioned case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

¶15

i) The applicant shall not tamper with the prosecution evidence.

¶16

ii) The applicant shall not threaten or harass the prosecution witnesses.

¶17

iii) The applicant shall appear on the date fixed by the trial court.

¶18

iv) The applicant shall not commit any offence similar to the

¶19

offence of which the applicant is accused, or suspected of the commission.

¶20

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

¶21

In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.

¶22

Order Date :- 23.12.2022 Brijesh Maurya

¶23

Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad

Vishal Alias Tittu Alias Alish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishal Alias Tittu Alias Alish 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohd. Sher Khan and Another Vs State of U.P.

Vindhyachal Singh Vs State of U.P. and Others

Mahendra Pal Singh Vs State of U.P. and Another

Shiv Kumar and Another Vs Jaipal Singh and Others

Nisar Vs State of U.P. and Others

Ajay Urf Dhiraj Shahu Vs State of U.P. and 3 Others