Smt. Billo was granted bail in a criminal case under Sections 21/22 of the NDPS Act. The High Court allowed the application without recording detailed proceedings on the merits of the allegations.
Release on bail by personal bond and two sureties subject to specific conditions including non-tampering with evidence and appearance in court.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53895 of 2022
Applicant :- Smt. Billo Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.179 of 2022 at Police Station-Chandapa, District-Hathras under Sections 21/22 of NDPS Act. The applicant is in jail since 12.10.2022.
The bail application of the applicant was rejected by the learned Additional District and Sessions Judge/FTC, Hathras on 16.11.2022.
The following arguments made by Shri Vishal Agarwal 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:
(1). 600 gram Diazepam was planted on the applicant to implicate him in this case to burnish the credentials of the police authorities.
(2). There is no independent witness to the recovery.
(3). The quantity of the prohibited substance is exaggerated as inaccurate instruments have been used
for weighment. The recovered substance is in fact below the commercial quantity notified under the Act.
(4). The search and seizure has been made in violation of the mandatory provisions of the NDPS Act.
(5). The applicant does not have any criminal history apart from the instant case.
(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.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Smt. Billo 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:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 5.1.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be released on bail in the NDPS case considering arguments regarding planting of evidence and violation of statutory provisions.
Billo
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
