Allowed

Anwar Ahmad v. State of U.P.

Allahabad HC10 Jan 2023BAIL/53530/2022

Case brief

AI extract

What is this about?

In this bail application under the NDPS Act, the applicant challenged his conviction alleging planting of evidence and procedural lapses. The High Court allowed bail, releasing the applicant on a personal bond and two sureties without adjudicating the merits of the case.

What did the court decide?

Released on bail on personal bond and two sureties in like amount subject to conditions of not tampering with evidence and attending court.

Anwar Ahmad 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. - 53530 of 2022

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Applicant :- Anwar Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.278 of 2022 at Police Station-Amaria, District-Pilibhit under Sections 8/20 of NDPS Act. The applicant is in jail since 21.08.2022.

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The bail application of the applicant was rejected by the learned trial court on 07.09.2022.

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The following arguments made by Shri Rakesh Pati Tiwari, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:

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(1). 175 gram Charas 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 is exaggerated as inaccurate instruments have been used for weighment. The recovered quantity is less than the

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notified commercial quantity.

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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). Explaining the criminal history of the applicant it is contended that the applicant belongs to the economically poor 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 show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.

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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- Anwar Ahmad 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 :- 10.1.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Anwar Ahmad v. State of U.P.

Case brief

What is this about?

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Anwar Ahmad v. State of U.P.

Case brief

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