Allowed

Amar Singh v. State of U.P.

Allahabad HC25 Jan 2023BAIL/53118/2022

Case brief

AI extract

What is this about?

The Allahabad High Court awarded bail to Amar Singh, an accused in an N.D.P.S. Act case. The court noted allegations of false recovery and lack of independent witnesses, relying on parity with a co-accused already granted bail, and directed release on personal bond with two sureties.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each to the satisfaction of the Court concerned.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53118 of 2022

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Applicant :- Amar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Yadav,Shashank Kumar

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri V.S. Rajbhar, learned A.G.A. for the State-opposite party.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 314 of 2022, under Sections 8/21 of the Narcotics Drugs and Psychotropic Substances Act, Police Station Charthawal, District Muzaffarnagar during the pendency of the trial.

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It is contended that the applicant has been falsely implicated in the instant case. False recovery of 120 gram alprazolam powder has been shown from the applicant. There is no independent witness to the recovery. The mandatory provisions of the N.D.P.S. Act have not been complied with. While weighing the recovered substance, the police has weighed it along with packing material, in which it was kept. 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 weighment. It is next contended that co-accused Kanhaiya Kumar, who was arrested along with the applicant, has been granted bail by this Court in Criminal Misc. Bail Application No. 53426 of 2022 (Kanhaiya Kumar v. State of U.P.) vide order dated 04.01.2023. The applicant claims parity. The applicant is in jail since 22.09.2022 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Amar Singh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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shall appear on the date fixed by the trial court;

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shall not tamper with the prosecution evidence; and,

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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 :- 25.1.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Amar Singh v. State of U.P.

Case brief

What is this about?

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Amar Singh v. State of U.P.

Case brief

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