Allowed

Nazir Hussain v. State of U.P.

Allahabad HC25 Apr 2022BAIL/5378/2022

Case brief

AI extract

What is this about?

This bail application was allowed by the High Court of Judicature at Allahabad. The applicant sought release on bail in an NDPS case originating in District Bareilly, arguing lack of incriminating evidence against him and parity with co-accused.

What did the court decide?

Applicant released on bail with a personal bond and two sureties subject to standard conditions regarding tampering and witness influence.

Nazir Hussain Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5378 of 2022

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Applicant :- Nazir Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Istiyaq Ali,Ali Hasan Counsel for Opposite Party :- G.A.,Ashish Pandey

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Hon'ble Ajay Bhanot,J.

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By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 253 of 2021 at Police Station Fatehganj Purvi, District Bareilly under Sections 8, 21, 29, 30, 22(C), 25, 27(A) NDPS Act. The applicant is in jail since 18.12.2021.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.16/Special Judge (NDPS Act), Bareilly on 24.01.2022.

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Sri Ali Hasan, learned counsel for the applicant submits that the narcotic substance 'heroine' and the machinery to manufacture heroine was seized at the spot from the principal offenders Chhote @ Mohd. Sahid and Raju @ Saif Khan. In the course of investigation the aforesaid principal offenders named some other accused persons who were hand in glove with them in the nefarious criminal activities. The applicants were not named in the

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aforesaid statements. No narcotic substances or any incriminating articles were recovered from the applicant. The name of the applicant figured in the statement given by an anonymous police informer whose credentials are most dubious. The said statement is not worthy of any reliance. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the above said cases. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to the co-accused namely Mohd. Sher Khan, Faiyaaz Hussain and Zaki Khan who have been enlarged on bail by this Court by orders dated 31.1.2022, 17.2.2022 and 20.4.2022 in Criminal Misc. Bail Application Nos. 925 of 2022, 3853 of 2022 and 4243 of 2022 respectively.

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Shri I.K. Srivastava, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from the above said cases.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without

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making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Nazir Hussain be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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

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Order Date :- 25.4.2022 Deepika

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Digitally signed by DEEPIKA SINGH Date: 2022.04.29 14:07:24 IST Reason: Location: High Court of Judicature at Allahabad

Nazir Hussain v. State of U.P.

Case brief

What is this about?

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Nazir Hussain v. State of U.P.

Case brief

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