Abhay Yadav Vs State of U.P.

Neutral Citation No. - 2023:AHC:206733

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43073 of 2023 Applicant :- Abhay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rafeek Ahmad Khan Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant, learned AGA and perused the record.

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2. The FIR in question was lodged alleging recovery of 2 kg 600 gm of Ganja from the applicant. Contention of learned counsel for the applicant is that the recovery is less than the commercial quantity and the recovery is also not in terms of the mandate of Section 52 of the NDPS Act. The applicant has no criminal antecedent.

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3. Learned AGA has opposed the bail application.

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4. Considering the fact that the recovery is less than the commercial quantity and prima-facie , the compliance of Section 50 NDPS Act is missing, the applicant who is in custody since 14.08.2023 is entitled to be enlarged on bail. In view thereof, the application is allowed.

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5. Let the applicant Abhay Yadav be released on bail in FIR No.151 of 2023, under Section 8/20 of NDPS Act, P.S. Srinagar, District Mahoba on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 30.10.2023

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nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad

Abhay Yadav v. State of U.P.

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Abhay Yadav v. State of U.P.

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