Application for bail filed by Jakir under Section 22 NDPS Act challenging false implication. Court allowed bail on bond and sureties noting insufficient evidence.
Applicant released on bail by executing personal bond and furnishing two sureties.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA 1 No. 1560 of 2021 Hon’ble N.S.Dhanik, J. |
|||
| Mr. Mani Kumar, learned counsel for the applicant. Mr. Sachin Panwar, Brief Holder for the State. The applicant Jakir, who is in judicial custody in connection with FI R No. 115 of 2021, under Section 8/ 22 of the NDPS Act, 1985, Police Station I .T.I ., District Udham Singh Nagar, has sought his release on bail. It is argued by learned counsel for the applicant that the applicant has falsely been implicated in this case; there is no independent witness; the only piece of evidence against the applicant is the confessional statement of the accused-applicant, which is hit by Section 25 of the Indian Evidence Act. Further, the weight of smack alleged to have been recovered from the possession of the applicant is 18 Gram, which is below commercial quantity. Having considered all the submissions, under the facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail. The bail application is allowed. Accordingly, let the applicant, namely, Jakir, be released on bail, on his executing a personal bond and furnishing two sureties, eachofthelike |
| amount, to | the satisfaction of the Court |
|---|---|
| concerned. | |
| ( N.S.Dh an ik , J.) | |
| 04.08.2021 | |
| Kaushal |
1 issue framed by the court
Whether the applicant deserves release on bail after being falsely implicated with only a inadmissible confessional statement as evidence.
2 provisions across 2 enactments
Jakir
State
N.S. Dhanik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
