Allowed

Aasit Kumar Pandey v. State of U.P.

Allahabad HC9 Nov 2023BAIL/46565/2023

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the Allahabad High Court granted bail to the applicant charged with offences under the N.D.P.S. Act and I.P.C. The court found procedural lapses in the recovery of narcotic substances, citing lack of independent witnesses and F.S.L. reports, and noted that a similarly situated co-accused had already been granted bail.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each, subject to conditions of appearance and not tampering with evidence.

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

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Neutral Citation No. - 2023:AHC:216547

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46565 of 2023

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Applicant :- Aasit Kumar Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Learned AGA for the State submits that the instructions have been received and he has no objection in case the bail application is decided on merits.

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

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 226 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., and 8/20/29 N.D.P.S. Act, Police Station- Rohaniya, District- Varanasi 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. Recovery of 'Ganja' has been shown from a vehicle. The applicant was standing near the said vehicle. There is nothing on record to demonstrate 'conscious possession' of the applicant. The mandatory provisions of Section 42, 50 and 51 of N.D.P.S. have not been complied with. There is no independent witness to the alleged recovery. There is no F.S.L. report to establish that the substance recovered is 'Ganja'. It is next contended that the identically placed co-accused, Avanish Kumar Singh, has been granted bail by this Court in Criminal Misc. Bail Application No. 39401 of 2023 vide order dated 28.10.2023. The applicant does not have any criminal history. The applicant is in jail since 1.8.2023. 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 heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that there is no independent witness to the alleged recovery. The mandate of Chapter V and Section 52A of the NDPS Act have not been followed. Identically placed co-accused, Avanish Kumar Singh, has been granted bail by this Court. The applicant does not have any criminal antecedents. Moreover, the applicant has remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the

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applicant is entitled to be enlarged on bail.

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Let the applicant Aasit Kumar Pandey , 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;

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(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 :- 9.11.2023 Sachin Mishra

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

Aasit Kumar Pandey v. State of U.P.

Case brief

What is this about?

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Aasit Kumar Pandey v. State of U.P.

Case brief

What is this about?

What did the court decide?

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