Court released the applicant on bail in a criminal case under the N.D.P.S. Act, noting the non-compliance of procedural sections and the bail of co-accused, emphasizing no flight risk.
Release on bail by furnishing a personal bond and two sureties each with standard conditions against tampering and influencing witnesses.
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. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7466 of 2022
Applicant :- Shanu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.,Ashish Pandey
Hon'ble Chandra Kumar Rai,J.
Heard Mr. Istiyaq Ali and Mr. Ali Hasan, learned counsel for the applicant, Mr. Ashish Pandey, learned counsel for the opposite party no.3- N.C.B., Lucknow and perused the record.
The instant bail application has been filed on behalf of the applicant- Shanu with a prayer to release him on bail in Case Crime No.253 of 2021, under Sections 8, 21, 29, 30, 22(C), 25, 27 (A) N.D.P.S. Act, N.C.B. Crime No.01 of 2022, Police Station- Fatehganj Purvi, District- Bareilly during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the applicant was not named in the first information report and his involvement in the present case is came only on the basis of photographs furnished by Mukhbir. He further submitted that there is no public witness of the incident and there is no compliance of Sectino 42, 55 and 57 of N.D.P.S. Act, the provision contained under the Cr.P.C. relating to search and seizure have not been complied with. He next submitted that the co-accused persons, namely, Mohd. Sher Khan, Nazir Hussain, Sahid Khan @ Gattu and Jaki Khan have already been released on bail by this Court in Criminal Misc. Bail Application Nos.925 of 2022, 5378 of 2022, 7835 of 2022 and 4243 of 2022, respectively. He further submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 20.01.2022 and he has no criminal antecedent.
Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant- Shanu involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 11.5.2022 Rameez
Digitally signed by RAMEEZ AHMED Date: 2022.05.11 16:53:28 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail under the N.D.P.S. Act given the lack of compliance with Section 42, 55, and 57 and prior bail of co-accused.
1 provisions across 1 enactments
Shanu
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
