Allowed

Mohseen v. State of U.P.

Allahabad HC20 Jan 2023BAIL/55115/2022

Case brief

AI extract

What is this about?

The court allowed bail to the applicant, Mohseen, under Section 439 Cr.P.C. in an N.D.P.S. case involving false implication and recovery of contraband below commercial quantity, despite unchallenged submission regarding non-compliance with Section 50 N.D.P.S. Act.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court.

Mohseen 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. - 55115 of 2022

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Applicant :- Mohseen Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Pandey,Nasir Hussain Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit as well as rejoinder affidavit filed today are 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. 532 of 2022, under Section 8/20 of N.D.P.S. Act, Police Station- Behat, District- Saharanpur, 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 300 gm Charas was shown from the applicant. There is no independent witness to the recovery. The alleged contraband recovered is below the commercial quantity. The mandatory provisions of Section 50 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 Charas. The criminal history of the applicant has been explained in para 2 of the supplementary affidavit. The applicant is in jail since 22.10.2022. 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- Mohseen 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

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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 :- 20.1.2023 Sachin Mishra

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

Mohseen v. State of U.P.

Case brief

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Mohseen v. State of U.P.

Case brief

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