Allowed

Mohammad Danish and Another v. State of U.P.

Allahabad HC9 Jan 2023BAIL/53894/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application filed under Section 439 Cr.P.C. seeking release in a case involving sections 8/15/29 of NDPS Act. Court granted bail subject to conditions, noting lack of independent witness to recovery and compliance issues.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount subject to standard conditions.

Mohammad Danish and Another Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53894 of 2022

¶3

Applicant :- Mohammad Danish And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ehtesham Afsar Khan Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Varma,J.

¶5

Heard learned counsel for the applicants and Sri Vikas Sahai, learned AGA for the State-opposite party.

¶6

The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 498 of 2022, under Sections 8/15/29 of Narcotic Drugs and Psychotropic Substances Act, Police StationBhojipura, District-Bareilly during the pendency of trial.

¶7

It is submitted that the applicants have been falsely implicated in the instant case. False recovery of 10 Kg Poppy Straw (doda chilka) has been shown from the joint possession of the applicants. There is no independent witness to the recovery. The alleged contraband is below the commercial quantity. The mandatory provisions of section 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 Poppy Straw (doda chilka). The applicants are in jail since 30.09.2022. The applicants have no criminal history to their credit. In case, they are enlarged on bail, they will not misuse the said liberty.

¶8

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

¶9

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

¶10

Let the applicants- Mohammad Danish and Harish involved in aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

¶11

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

¶12

(ii) shall not tamper with the prosecution evidence;

¶13

(iii) shall not pressurize the prosecution witnesses.

¶14

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶15

Order Date :- 9.1.2023 Sachin Mishra

¶16

Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Mohammad Danish and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad Danish and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Alauddin Vs State of U.P.

Vishal Sharma Vs State of U.P.

Anuj Singh Vs State of U.P.

Vinay Alias Bhoora Vs State of U.P.

Satish Chandra Chauhan Vs State of U.P.

Alam Vs State of U.P.