This order grants bail to an applicant charged under the Narcotic Drugs and Psychotropic Substances Act, rejecting the trial court's earlier refusal on grounds of planted evidence and procedural violations.
The applicant was released on bail on furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59208 of 2022
Applicant :- Yogendra Opposite Party :- State of U.P. Counsel for Applicant :- Subedar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.499 of 2022 at Police Station-Vrindavan, District-Mathura under Sections 21/22 of the NDPS Act. The applicant is in jail since 24.09.2022.
The bail application of the applicant was rejected by learned trial court on 29.11.2022.
The following arguments made by Shri Subedar Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Sunil Kumar Srivastava, learned A.G.A. from the record, entitle the applicant for grant of bail: (1). 150 grams Alprazolam was planted on the applicant to implicate him in this case to burnish the credentials of the police authorities.
(2). There is no independent witness to the recovery.
(3). The quantity of the prohibited substance is exaggerated as inaccurate instruments have been
used for weighment. The recovered substance is in fact below the commercial quantity notified under the NDPS Act.
(4). The search and seizure has been made in violation of the mandatory provisions of the NDPS Act.
(5). The applicant does not have any criminal history apart from the instant case.
(6). 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.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Yogendra 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:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court
on the date fixed, unless personal presence is exempted.
Order Date :- 17.1.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to an applicant charged under Sections 21/22 of the NDPS Act with planted charges and procedural violations.
Whether the irreversible irreparable prejudice and mere possibility of extrajudicial conduct warrant bail.
Whether the Applicant's lack of criminal history and non-flight risk warrant bail.
1 provisions across 1 enactments
Yogendra
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
