Allowed

Sohit v. State of U.P.

Allahabad HC7 Feb 2023BAIL/53367/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Sohit accused of offences under sections 8 and 15 of the NDPS Act. The court granted bail on the grounds that the applicant belongs to a poor economic strata, the case involved alleged police fabrication, and there was no independent witness. The applicant was released on personal bond and two sureties subject to conditions.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount.

Sohit 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. - 53367 of 2022

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Applicant :- Sohit Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Supplementary affidavit filed by the applicant is taken in the record.

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By means of the bail application, the applicant has prayed to be enlarged on bail in Case Crime No.88 of 2022 at Police Station-Kotwali Shahar, District-Bijnor under Section 08/15 of the NDPS Act. The applicant is in jail since 19.02.2022.

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The bail application of the applicant was rejected by the learned trial court on 17.08.2022.

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The following arguments made by Shri Deepak Kumar, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned A.G.A.-I for the State from the record, entitle the applicant for grant of bail:

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(1). 3 Kg. 100 gram doda powder was planted on the applicant to implicate him in this case to burnish credentials of the police authorities.

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(2.). The weight of the substance recovered from the applicant is far below the commercial quantity of doda powder is 50 Kg. notified under the NDPS Act.

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

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(4). No reliable forensic science laboratory report drawn up in accordance with latest scientific protocol by experts which affirms that the seized substance is a prohibited drug has been produced.

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

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(6). The applicant has explained his criminal history. It is also contended that the applicant belongs to poor economic strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to burnish the credentials of the police authorities. The said cases have no bearing on the instant bail application.

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(7). 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

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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-Sohit 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 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 :- 7.2.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Sohit v. State of U.P.

Case brief

What is this about?

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Sohit v. State of U.P.

Case brief

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