Krishna v. State of U.P.
Case brief
What is this about?
Bail application under Section 439 Cr.P.C. allowed in a drug case. Applicant claimed false recovery and lack of scientific evidence. Court granted bail without addressing merits of the discharge submitted.
What did the court decide?
Released on bail subject to personal bond, two sureties, appearance before trial court, and conditions against tampering with evidence.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52280 of 2022
Applicant :- Krishna Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
On 25.11.2022, learned A.G.A. was granted time to file counter affidavit, however, no counter affidavit has been filed in the instant case till date.
Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.
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. 389 of 2022, under Sections 21/ 22 of N.D.P.S. Act, Police Station- Kotwali Hathras, District- Hathras during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. False recovery of 600 gram Intoxicant Power (Diazapam) has been shown from the possession of the applicant. The police has deliberately shown the quantity of the alleged narcotics substance marginally higher in order to add to the gravity of the offence. No accurate scientific instruments were used for measurement. There are no independent witnesses 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 Diazapam. The applicant has no criminal history to his credit. The applicant is in jail since 08.10.2022. In case he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in a case involving offences under Sections 21/22 of N.D.P.S. Act.
Parties & counsel
- applicant
Krishna
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/52280/2022
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