Rahul v. State of U.P.
Case brief
What is this about?
High Court released the bail applicant on a personal bond and two sureties in a narcotics case citing false implication and lack of compliance with N.D.P.S. Act mandates, without commenting on merits.
What did the court decide?
Released on bail conditional upon furnishing a personal bond and two sureties with conditions to appear, not tamper with evidence, and not pressure witnesses.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52638 of 2022
Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Ved Ratan,Rakesh Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
On 28.11.2022, 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. 95 of 2022, under Section 08/22 of N.D.P.S. Act, Police Station- Vijaygarh, District- Aligarh during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. False recovery of 550 gram Intoxicant Power (Diazapam) has been shown from 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. Prior to the instant case the applicant does not have any criminal history, however after his arrest he has been implicated in other cases. The applicant is in jail since 03.09.2022. In case he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a narcotics case where prosecution witnesses are absent and F.S.L. report is pending.
Whether false recovery and lack of scientific instruments bar the grant of bail.
Parties & counsel
- applicant
Rahul
- respondent
State of U.P.
Coram
Vivek Varma J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/52638/2022
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