Allowed

Babu @ Rijwan v. State of U.P.

Allahabad HC17 Jan 2023BAIL/54556/2022

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. in an N.D.P.S. case. Applicant alleged false recovery and procedural improprieties. Court, without commenting on merits but noting unsatisfied opposition, granted bail with bonds and conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in the like amount, subject to standard conditions of appearance and non-interference with evidence and witnesses.

Babu @ Rijwan 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. - 54556 of 2022

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Applicant :- Babu @ Rijwan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed today is taken on record.

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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. 1765 of 2022, under Sections 8/21 N.D.P.S. Act, Police Station- Sahibabad, District- Ghaziabad, during the pendency of trial.

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It is submitted that the applicant has been falsely implicated in the instant case. False recovery of 140 gm of Alprazolam was shown from the applicant. There is no independent witness to the recovery. The mandatory provisions 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 Alprazolam. While weighing the recovered substance, the police has weighed it along with packing material, in which it was kept. The police has deliberately shown the quantity of the alleged narcotics substance marginally higher in order to add to the gravity of the offence. No accurate scientific instruments were used for weighment. Apart from the instant case, the applicant is involved in Case Crime No. 286 of 2021, under Sections 60, 63 of Excise Act. In the said case, the applicant has been granted bail. The applicant is in jail since 05.11.2022. 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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Perused the material on 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- Babu @ Rijwan involved in 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 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 :- 17.1.2023 Sachin Mishra

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

Babu @ Rijwan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Babu @ Rijwan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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