Allowed

Shahid Ali Ansari @ Shahil Ali Ansari v. State of U.P.

Allahabad HC4 Oct 2023BAIL/39308/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed a bail application filed by Shahid Ali Ansari accused under the N.D.P.S. Act and Copyright Act. Relying on the lack of satisfactory opposition from the prosecution regarding false implication and procedural lapses, the court granted bail subject to standard conditions.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties, subject to conditions of appearance and non-interference.

Shahid Ali Ansari @ Shahil Ali Ansari Vs State of U.P. — Intellectual Property | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:189915

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39308 of 2023

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Applicant :- Shahid Ali Ansari @ Shahil Ali Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Yakub Ali Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

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The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 168 of 2023, under Section 8/ 22/23 N.D.P.S. Act, Section 63/65 Copy Right Act (Amendment) 1957, Police Station-Thuthibari, DistrictMaharajganj, during the pendency of trial.

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Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. False recovery of intoxicating substance has been shown from the applicant. There is no independent witness to the alleged recovery. The mandatory provisions of N.D.P.S. Act have not been complied with. There is no F.S.L. report to establish that the substance recovered is a contraband. There is no previous criminal history of the applicant. The applicant is in jail since 06.08.2023, in case, he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Shahid Ali Ansari @ Shahil Ali Ansari , involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses.

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

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Order Date :- 4.10.2023 S.Verma

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Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

Shahid Ali Ansari @ Shahil Ali Ansari v. State of U.P.

Case brief

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What did the court decide?

Shahid Ali Ansari @ Shahil Ali Ansari v. State of U.P.

Case brief

What is this about?

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What the court decided

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