Allowed

Arun Singh v. State of U.P.

Allahabad HC4 Jan 2023BAIL/52412/2022

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act, the High Court allowed bail to the applicant who was in judicial custody, noting arguments regarding fake planting of goods and lack of independent witnesses without construing merits.

What did the court decide?

Released on bail upon furnishing a personal bond and two sureties to the satisfaction of the court below, with conditions to not tamper with evidence or influence witnesses.

Arun Singh Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52412 of 2022

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Applicant :- Arun Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shri Ram (Rawat),Indra Deo Mishra,Vinod Pandit Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Case No. 231 of 2022 at Police Station- Lanka, District- Varanasi under Section 8/20 of the NDPS Act. The applicant is in jail since 27.09.2022.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Varanasi, on 19.10.2022.

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The following arguments made by Sri Vinod Pandit, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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(1). 18.750 kg. Ganja was planted on the applicant to implicate him in this case to burnish the credentials of the police authorities.

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(2). There is no independent witness to the recovery.

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(3). The quantity of the prohibited substance

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is exaggerated as inaccurate instruments have been used for weighment. The recovered substance is in fact below the commercial quantity notified under the Act.

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(4). The search and seizure has been made in violation of the mandatory provisions of the NDPS Act.

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(5). The applicant does not have any criminal history apart from this case.

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(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Arun Singh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the

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trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 4.1.2023 Pravin

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

Arun Singh v. State of U.P.

Case brief

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Arun Singh v. State of U.P.

Case brief

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