Allowed

Vijay Kumar Gupta v. State of U.P.

Allahabad HC23 Jan 2023BAIL/3095/2023

Case brief

AI extract

What is this about?

This is a bail application where the High Court allowed the applicant to be enlarged on bail. The court noted allegations of police fabrication, lack of independent witnesses, procedural violations, sub-commercial quantity of drugs, and lack of forensic reports, finding these arguments entitled the applicant to bail.

What did the court decide?

Applicant ordered to be released on bail upon furnishing a personal bond and two sureties subject to specific conditions.

Vijay Kumar Gupta Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3095 of 2023

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Applicant :- Vijay Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Raj Narayan Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.362 of 2022 at Police Station-Kotwali, DistrictBanda under Sections 8/20 of NDPS Act. The applicant is in jail since 27.12.2022.

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The bail application of the applicant was rejected by the learned trial court on11.01.2023.

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The following arguments made by Shri Raj Narayan Gupta, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:

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(1). 7 kg 925 gm Ganja was planted on the applicant to implicate him in this case to burnish the credentials of the police authorities.

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(2). There is no independent witness to the recovery.

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(3). The search and seizure has been made in violation of the mandatory provisions of the NDPS Act.

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(4). The commercial quantity of Ganja is 20 kg. notified under the NDPS Act. The recovered substance is below the said quantity.

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(5). No reliable forensic science laboratory report drawn up in accordance with latest scientific protocols by experts which affirms that the seized substance is a prohibited drug has been produced.

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(6). The applicant does not have any criminal history apart from the instant case.

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(7). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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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- Vijay Kumar Gupta 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 or influence any witness during the trial.

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

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Order Date :- 23.1.2023

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A.N. Mishra

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Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad

Vijay Kumar Gupta v. State of U.P.

Case brief

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Vijay Kumar Gupta v. State of U.P.

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