Allowed

Shahbaz @ Jishan v. State of U.P.

Allahabad HC7 Apr 2023BAIL/54684/2022

Case brief

AI extract

What is this about?

The Court considered a bail application under the NDPS Act where 105gm of Alprazolam was allegedly recovered. Although the applicant faced non-compliance with search procedures and the quantity was slightly above the commercial limit, the Court granted bail due to the applicant's clean record and length of custody, without expressing an opinion on the case's merits.

What did the court decide?

Applicant Shahbaz @ Jishan released on bail on personal bond and two sureties with conditions to appear in court, abstain from tampering or inducement, and avoid criminal activity.

Shahbaz @ Jishan Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54684 of 2022

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Applicant :- Shahbaz @ Jishan Opposite Party :- State of U.P. Counsel for Applicant :- Ainul Haq,Narendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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As per Office report dated 1.4.2023 the original record of the instant bail application has been missed from the office of this Court and in spite of best efforts of the office the same could not be traced and thereafter copy of the bail application was arranged through the learned counsel for the applicant Sri N.K.Singh.

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From the perusal of the record it further reflects that Sri S.B.Singh, learned AGA verified the copy of the instant bail application provided by the learned counsel for the applicant on 31.3.2023, therefore, on the basis of copy of the bail application provided by the learned counsel for the applicant which was duly verified by the State Counsel, the instant bail application is being heard.

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Heard Sri N.K.Singh, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.999 of 2022, under Section 8/22 NDPS Act, Police Station Loni, District Ghaziabad during pendency of the trial.

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According to the prosecution case, from the possession of the applicant 105gm. Alprazolam powder was recovered.

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Learned counsel for the applicant submitted that entire allegation against the applicant is totally false and baseless and in fact nothing incriminating was recovered from the

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possession of the applicant. He further submits that at the time of recovery no public witness was taken although recovery is said to have been made from a public place. He further submitted that at the time of search mandatory provisions of Section 50 NDPS Act have not been complied with.

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He next urged that recovered quantity of 105gm Alprazolam Powder is although more than commercial quantity but it is only 5gm. more than commercial quantity of 100gm., therefore, possibility cannot be ruled out that even the weight of alleged contraband might be even less than 100gm. He further submits that applicant is not having any criminal history and he is in jail in the present matter since 28.8.2022.

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Per contra, learned AGA opposed the prayer for bail and submits that from the possession of applicant 105gm. Alprazolam Powder was recovered which is more than commercial quantity but he could not dispute the fact that applicant is not having any criminal history and the alleged contraband is only 5gm. more than its commercial quantity.

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I have heard learned counsel for the parties and perused the record of the case.

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Although from the possession of applicant, it is alleged that 105gm. Alprazolam powder was recovered but the alleged recovered quantity of Alprazolam powder is only 5gm. more than its commercial quantity of 100gm. and further applicant is not having any previous criminal history and he is in jail in the present matter since August, 2022, i.e., for the last more than seven months, therefore, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Shahbaz @ Jishan be released on bail in the

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aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 7.4.2023 SKM

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

Shahbaz @ Jishan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shahbaz @ Jishan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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