Allowed¶12

Rizwana Begam v. State of U.P.

Allahabad HC3 Jun 2025BAIL/12324/2025

Case brief

AI extract

What is this about?

NDPS bail granted; Sections 8/18 N.D.P.S. Act; Section 50 compliance deferred to trial; arrest and recovery without independent witness; 2 Kg. 900 gram opium recovery; lady accused; Case Crime No. 130 of 2025; P.S. Subhashnagar, District Bareilly; applicant in jail since 26.02.2025; personal bond and two sureties; single judge Avnish Saxena, J.; High Court of Judicature at Allahabad; order date 16.7.2025; Neutral Citation 2025:AHC:116141; CRIMINAL MISC. BAIL APPLICATION No. 12324 of 2025; applicant Rizwana Begam v. State of U.P.

What did the court decide?

Release of accused-applicant Rizwana Begam on bail in Case Crime No. 130 of 2025 upon furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned. ¶12

Rizwana Begam vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:116141

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12324 of 2025

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Applicant :- Rizwana Begam Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.

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Hon'ble Avnish Saxena,J.

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Sri Ali Hasan Istiyaq Ali, Advocate appears for the applicant and submits that the accused/applicant has been falsely implicated in Case Crime No.130 of 2025, under Sections 8/18 N.D.P.S. Act, Police Station Subhashnagar, District Bareilly.

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Learned counsel for the accused-applicant, contends that the applicant is a lady and has been falsely implicated in the case by the police. It is further submitted that 2 Kg. 900 gram of opium has been allegedly recovered from the possession of the accusedapplicant. There is no independent witness of arrest and recovery. The mandatory provision of Section 50 N.D.P.S. Act has not been complied. There is no criminal history to her credit. The applicant is languishing in jail since 26.02.2025. As such, he prays that the accused/applicant be enlarged on bail.

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Learned A.G.A. has opposed the prayer for bail and submitted that a huge quantity of contraband has been confiscated at the behest of the accused-applicant.

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This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records.

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The record prima facie reveals that the arrest and recovery has been made in absence of independent witness. The compliance of mandatory provision of N.D.P.S. is matter of adjudication in trial. The applicant is languishing in jail since February, 2025.

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Hence, without touching the merit of the case, the bail application is allowed .

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The accused/applicant- Rizwana Begam be released on bail in the aforesaid case on furnishing a personal bond and two sureties

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each in the like amount to the satisfaction of court concerned. Order Date :- 16.7.2025 Mini

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(Avnish Saxena,J.)

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Rizwana Begam v. State of U.P.

Case brief

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Rizwana Begam v. State of U.P.

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