Allowed

Ambrish Kumar Singh v. State of U.P.

Allahabad HC30 Jan 2023BAIL/57083/2022

Case brief

AI extract

What is this about?

In a criminal bail application filed under Sections 8/20 of NDPS Act and relevant IPC sections, the Allahabad High Court allowed the bail of Ambrish Kumar Singh, relying on arguments regarding the quantum of seized drugs and procedural flaws in recovery, dismissing the need to examine case merits.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties with conditions to appear in court and not influence witnesses.

Ambrish Kumar Singh Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57083 of 2022

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Applicant :- Ambrish Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ankur Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.343 of 2022 at Police Station-Baxa, District-Jaunpur under Sections 8/20 of NDPS Act and Sections 420, 467, 468, 471 IPC. The applicant is in jail since 13.11.2022.

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The bail application of the applicant was rejected by the learned trial court on 02.12.2022.

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The following arguments made by Shri Sangam Singh, learned counsel holding brief of Shri Ankur Jaiswal, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned AGA from the record, entitle the applicant for grant of bail:

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(1). 30 Kg. Ganja was planted on five persons including the applicant to implicate him in this case to burnish the credentials of the police authorities.

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(2). There is no independent witness to the recovery.

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(3). The recovered quantity from each accused is 6 kg. which is less than the notified commercial quantity

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under the NDPS Act.

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(4). No reliable forensic science laboratory report drawn up in accordance with latest scientific protocol by experts which affirms that the seized substance is a prohibited drug has been produced.

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(5). The search and seizure has been made in violation of the mandatory provisions of the NDPS Act.

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(6). The applicant does not have any criminal history apart from this case.

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(7). 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.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Ambrish Kumar Singh 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:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on

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the date fixed, unless personal presence is exempted. Order Date :- 30.1.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Ambrish Kumar Singh v. State of U.P.

Case brief

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Ambrish Kumar Singh v. State of U.P.

Case brief

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