The court released the applicant on bail in a narcotics case, citing false implication, non-compliance with Section 50 of N.D.P.S. Act, and lack of F.S.L. report, imposing standard conditions.
Released on bail on furnishing a personal bond and two local sureties.
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. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5760 of 2022
Applicant :- Shivam Khurana Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted that the applicant has been falsely implicated in the instant case. False recovery of Charas has been shown from the possession of the applicant. There are no independent witnesses to the alleged recovery. The mandatory provision of Section 50 of N.D.P.S. Act has not been complied with. No F.S.L. report has been produced, which may confirm that the substance recovered is charas. The applicant is in jail since 7.11.2021. In case the applicant is enlarged on bail he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Perused the first information report as well as the averments made in the bail application.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Shivam Khurana involved in case crime no.487 of 2021, under Section 8/21 of N.D.P.S. Act, P.S. Kotwali Mandi, District Saharanpur be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.3.2022 S.S.
Digitally signed by SIDDHARTH SRIVASTAVA Date: 2022.03.24 18:03:35 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, falsely implicated in the recovery of narcotics where mandatory Section 50 compliance was not followed, be granted bail.
1 provisions across 1 enactments
Shivam Khurana
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
