Allowed

Arun Pal v. State of U.P.

Allahabad HC27 Jan 2023BAIL/57142/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application regarding a narcotics offence, the High Court was satisfied that the applicant was falsely implicated without independent witnesses or an FSL report. The court granted bail with conditions despite not commenting on all merits.

What did the court decide?

Released on bail with a personal bond and two sureties, subject to standard conditions regarding appearance and non-interference.

Arun Pal 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. - 57142 of 2022

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Applicant :- Arun Pal Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi 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 Sri Vikas Sahai, learned A.G.A. for the State-opposite party.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 785 of 2022, under Section 8/20/60/29/37 N.D.P.S. Act, Police Station Etmaddaula, District Agra during the pendency of the trial.

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It is submitted that the applicant has been falsely implicated in the instant case. False recovery of Ganja was shown from the applicant. There is no independent witness to the alleged 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 Ganja. It is next contended that the co-accused Satyabhan Sisodiya, having identical role has been granted bail by this Court in Criminal Misc. Bail Application No. 56509 of 2022 vide order dated 19.1.2023. The applicant claims parity. The applicant has no criminal history to his credit. The applicant is in jail since 10.11.2022. In case he is enlarged on bail, he will not misuse the said liberty.

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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- Arun Pal , involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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shall appear on the date fixed by the trial court;

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shall not tamper with the prosecution evidence; and,

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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 :- 27.1.2023 S.S.

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

Arun Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arun Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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