Allowed

Aman v. State of U.P.

Allahabad HC19 Jan 2023BAIL/54063/2022

Case brief

AI extract

What is this about?

The single judge granted bail to the applicant, Aman, in a case involving Section 18/20 N.D.P.S. Act. The court observed that the applicant was not arrested at the spot and no recovery was made from him before releasing him on her bail conditions.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two local sureties each of the like amount, subject to conditions.

Aman 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. - 54063 of 2022

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Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay 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 learned A.G.A. for the State.

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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. 143 of 2022, under Section 18/20 N.D.P.S. Act, Police Station- Knowledge Park, District- Gautam Budh Nagar.

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It is contended that the applicant has been falsely implicated in the present case. The applicant was not arrested at the spot. The name of the applicant was disclosed by co-accused Shoab Khan, Wasim and Deepak Sharma, who were arrested at the spot. No recovery was made from the applicant. It is next contended that the co-accused Shoab and Wasim, who were arrested at the spot have been granted by this Court in Criminal Misc. Bail Application Nos. 42266 of 2022 and 32998 of 2022 on 11.11.2022 and 22.11.2022. Prior to the instant case the applicant does not have any criminal history, however after his arrested he has been implicated in other cases. The applicant is in jail since 8.11.2022. In case, he is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. 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, Aman involved in the aforesaid case be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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the applicant shall not temper with the prosecution evidence;

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the applicant shall not pressurize the prosecution witness;

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the applicant shall appear on each and every date fixed by the

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trial court.

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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 :- 19.1.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Aman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aman v. State of U.P.

Case brief

What is this about?

What did the court decide?

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