Afreen v. State of U.P.
Case brief
What is this about?
Bail application under Section 483 BNSS in an NDPS case alleging recovery of 19 kg ganja; court noted quantity below commercial, no independent witness or FSL report cited, and granted bail on conditions.
What did the court decide?
Applicant Afreen released on bail on furnishing personal bond and two sureties, with conditions against tampering, non-cooperation and further criminal activity.
What the court decided
Neutral Citation No. - 2025:AHC:40406
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 665 of 2025
Applicant :- Afreen Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ashutosh Srivastava,J.
Counter affidavit is taken on record.
Heard Sri Narendra Kumar , learned counsel for the applicant, Ms. Tahira Sabhnam, learned A.G.A. for the State and perused the record of the case.
The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Afreen with a prayer to release him on bail in Case Crime No. 613 of 2024 , under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Tronica City, District- Ghaziabad.
Learned counsel for the applicant has contended that 19 kg of Ganja is alleged to have been recovered from the possession of the applicant, which is below commercial quantity. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant, who is in jail since 10.12.2024 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Issues for consideration
1 issue framed by the court
Whether the applicant should be released on bail under Section 483 BNSS for an offence under Section 8/20 NDPS Act involving recovery of alleged 19 kg ganja.
Parties & counsel
- applicant
Afreen
- respondent
State of U.P.
Coram
Ashutosh Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/665/2025
All orders in this case
3 orders share this CNR
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