Allowed

Anuj Singh v. State of U.P.

Allahabad HC6 Jan 2023BAIL/53760/2022

Case brief

AI extract

What is this about?

In a bail application, the Allahabad High Court granted bail to the applicant, Anuj Singh, accused of narcotics offences, noting his non-spot arrest and the grant of bail to co-accused, ordering release on personal bond and two sureties.

What did the court decide?

Release of applicant Anuj Singh on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court.

Anuj 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. - 53760 of 2022

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Applicant :- Anuj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Ankit Srivastava,Azaz Ahmad 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 Vikas Sahai, learned AGA for the State-opposite party.

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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. 118 of 2021, under Section 8/20/60 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 420 I.P.C., Police Station- Baburi, District- Chandauli during the pendency of trial.

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It is submitted that the applicant has been falsely implicated in the instant case. Allegedly 520.260 kg Ganja is said to have been recovered from the container. The applicant was not arrested at the spot. The name of the applicant was disclosed by co-accused, Moh. Munazir who was arrested at the spot. No recovery as alleged in the first information was made from the applicant. The applicant has nothing to do with the alleged contraband. It is next contended that the co-accused, Moh. Munazir and Haribansh Yadav, have already been granted bail by this Court in Criminal Misc. Bail Application No. 35984 of 2021 and 14140 of 2022 vide orders dated 07.02.2022 and 07.04.2022. The criminal history of the applicant has been explained in para no. 22 of the affidavit. In the said cases, the applicant has been granted bail by the court below. The applicant is in jail since 16.11.2022. In case, he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA 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- Anuj 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 the court

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concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) 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 :- 6.1.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Anuj Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anuj Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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