Allowed

Kamre Alam Khan v. State of U.P.

Allahabad HC18 Apr 2022BAIL/6544/2021

Case brief

AI extract

What is this about?

This bail application was disposed of by granting release on bail. The court accepted the argument regarding the planting of narcotics, lack of forensic reports, and violation of mandatory procedures under the NDPS Act. Bail was granted subject to financial sureties and standard conditions.

What did the court decide?

Released on bail in the underlying case crime number on furnishing a personal bond and two sureties each in the like amount.

Kamre Alam Khan Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

¶1

Court No. - 68

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6544 of 2021

¶3

Applicant :- Kamre Alam Khan Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain,Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 166 of 2020 at Police Station G.R.P. Agra Cantt, District Agra under Sections 8/20 NDPS Act. The applicant is in jail since 17.12.2020.

¶6

The bail application of the applicant was rejected by learned Special Judge (NDPS Act)/ Additional Sessions Judge, Agra, on 07.01.2021.

¶7

Sri Surendra Kumar Tripathi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. 25.5 kg. Ganja was planted on the person of the applicant to frame him in the instant criminal case to show proficiency of police investigators. The weight of the recovered substance as stated in the F.I.R. is unreliable as accurate scientific instruments were not used for weighment. The weight of the recovered substance is infact much less than 20 kg. which is the notified commercial quantity under the NDPS Act. No forensic science laboratory report has been submitted which confirms that the substance allegedly recovered is prohibited under the NDPS Act. There is no independent witness to the alleged

¶8

recovery. The mandatory provisions of Section 42 and Section 50 of the NDPS Act have been violated. Further it is contended that the trial is moving at a snail's pace and is not likely to conclude anytime soon. Not a single prosecution witness has been examined till date. Inordinate delays in the trial will result in indefinite imprisonment of the applicant. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

¶9

Shri Sunil Kumar Srivastava, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

¶10

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.

¶11

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶12

Let the applicant- Kamre Alam Khan 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:-

¶13

(i) The applicant will not tamper with the evidence during the trial.

¶14

(ii) The applicant will not influence any witness.

¶15

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶16

(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.

¶17

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

¶18

Order Date :- 18.4.2022 Pravin

¶19

Digitally signed by PRAVIN VERMA Date: 2022.04.24 15:20:16 IST Reason: Location: High Court of Judicature at Allahabad

Kamre Alam Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamre Alam Khan 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohd. Afsaar Alias Afsar Vs State of U.P.

Raju Yadav @ Raju Mota @ Raju Kantewala Vs State of U.P.

Arun Pratap Singh @ Sachin Gurjar Vs State of U.P. and Anothes

Lavpreet @ Labbu Vs State of U.P.

Narendra Singh Vs State of U.P. and 3 Others

Bholu @ Istekhar Vs State of U.P.