Allowed

Ashwani Joshi v. State of U.P.

Allahabad HC3 Jun 2022BAIL/6452/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail in a criminal case involving the NDPS Act. The applicant, a licensed pharmacist, argued false implication as recovery occurred during lawful business. The court found merit in the submissions and ordered release on personal bond plus two sureties with standard conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties with standard bail conditions including presence in court and non-interference with witnesses.

Ashwani Joshi Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6452 of 2022

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Applicant :- Ashwani Joshi Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Tripathi Counsel for Opposite Party :- G.A.

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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.278 of 2021 at Police Station Kotwali District Budaun under Sections 8,21, 22 of N.D.P.S Act. The applicant is in jail since 20.11.2021.

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The bail application of the applicant was rejected by learned Additional Sessions Judge/ Special Judge N.D.P.S Act, Budaun on 10.01.2022.

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Shri Ashutosh Tripathi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Various medicinal preparations were recovered from the applicant. The applicant is a licensed pharmacist. He runs a medical shop. Medicines were purchased in the course of regular and lawful business. The applicant can account for the said medicines which were seized. Medicines were stored in the house of the applicant due to lack of storage space in the shop of the applicant. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case. Shri Rajesh Mishra, learned brief holder for the State could not satisfactorily dispute the aforesaid

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submissions from the record. Learned brief holder does not dispute the fact that the applicant does not have any criminal history apart from this case.

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

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Let the applicant-Ashwani Joshi 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

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application before this Court.

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Order Date :- 3.6.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.06.06 16:49:05 IST Reason: Location: High Court of Judicature at Allahabad

Ashwani Joshi v. State of U.P.

Case brief

What is this about?

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Ashwani Joshi v. State of U.P.

Case brief

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