The High Court granted bail to the applicant in a drug possession case, holding that mandatory NDPS Act provisions were violated, recovery was without independent witnesses, and the State failed to show risk of tampering.
Released on bail by furnishing a personal bond and two sureties subject to appearance and non-interference conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:226002
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48352 of 2023
Applicant :- Avadhesh Kumar Yadav @ Pintu Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Yadava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
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, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence; and,
(iii) shall not pressurize the prosecution witnesses.
Order Date :- 30.11.2023 Lbm/-
Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is eligible for bail given the alleged false implication and procedural violations under the NDPS Act.
Whether the failure to comply with mandatory provisions of Chapter V and Section 52A of the NDPS Act warrants granting bail.
Whether the State could demonstrate reasonable apprehension of tampering or witness intimidation despite the applicant's confinement.
4 provisions across 2 enactments
Avadhesh Kumar Yadav @ Pintu
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
