Allowed

Ashfaq v. State of U.P.

Allahabad HC13 Apr 2023BAIL/12778/2023

Case brief

AI extract

What is this about?

This single-judge High Court criminal miscellaneous bail application allowed bail to Ashfaq, accused of possession of narcotics. The court noted the recovered quantity was below commercial limits and granted bail subject to standard conditions including not tampering with evidence. The order was disposed of by the bench posted.

What did the court decide?

Release of applicant Ashfaq on bail on furnishing a personal bond and two sureties subject to conditions.

Ashfaq Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12778 of 2023

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Applicant :- Ashfaq Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Learned A.G.A. submits that instructions have been received and he has no objection in case the bail application is heard on merits.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case; that the recovery of 450 gms of Charas has been made from the applicant, which is below commercial quantity; that there is no independent witness of the alleged recovery; that compliance of provisions of Section 50 N.D.P.S. Act has not been made. It is further submitted that although there are criminal history of three cases, however, two cases pertains to NDPS Act and one case has been wrongly mentioned under NDPS Act as the same pertains to Sections 147, 447, 427, 506 IPC. Lastly, it is submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. The applicant is in jail since 9.1.2023.

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Learned AGA could not dispute the fact that the Charas recovered from the applicant is below commercial quantity. However, he has opposed the bail application, but could not dispute the factual matrix of the case.

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Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Ashfaq involved in Case Crime No.17 of 2023, under Sections 8/20 of N.D.P.S. Act, Police Station Devband, District Saharanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of

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the court concerned subject to the following conditions:-

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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The applicant shall not leave India without the previous permission of the Court.

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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 :- 13.4.2023 D. Tamang

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Ashfaq v. State of U.P.

Case brief

What is this about?

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Ashfaq v. State of U.P.

Case brief

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