Allowed

Santosh Kumar Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC6 May 2024BAIL/4791/2024

Case brief

AI extract

What is this about?

Hon'ble Pankaj Bhatia, J. allowed the bail application under Section 8/20 of the NDPS Act, holding that the recovered quantity was below commercial limits and the applicant had no prior history of NDPS offences. The applicant was released on bail with conditions.

What did the court decide?

The applicant Santosh Kumar Tiwari was released on bail by executing a personal bond with two sureties, required to attend hearings, not commit similar offences, and not interfere with evidence.

Santosh Kumar Tiwari vs State of U.P. Thru. Prin. Secy… — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:34742

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Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4791 of 2024 Applicant :- Santosh Kumar Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashutosh Pandey,Anil Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant, Shri Ravish Chandra Mishra, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.8 of 2024, under Section 8/20 of NDPS Act, P.S. Alapur, District Ambedkar Nagar.

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3. Learned counsel for the applicant argues that in terms of the recovery shown in the FIR, allegedly 17 kg 208 gm of Ganja was recovered from the vehicle. The applicant had allegedly fled from the spot and no recovery was affected from him. It is argued that the co-accused from whom the recovery were affected have been granted bail by this Court vide orders dated 22.02.2024 & 01.03.2024.

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4. Learned AGA has opposed the bail application.

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5. Considering that the recovery is less than the commercial quantity and the applicant has no criminal history of an offence under the NDPS Act, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Santosh Kumar Tiwari be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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Order Date :- 6.5.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Santosh Kumar Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Santosh Kumar Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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