An accused is entitled to bail if he is not named in the FIR and there is no compliance of the mandatory provisions of Sections 50, 51, and 52 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Court No. - 91

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38112 of

2022

Applicant :- Shanu @ Shah Mohammad

Opposite Party :- State of U.P.

Counsel for Applicant :- Rajesh Kumar Gautam

Counsel for Opposite Party :- G.A.

Hon'ble Mohd. Azhar Husain Idrisi,J.

Counter affidavit filed today by learned A.G.A. is taken on

record.

Heard learned counsel for the applicant and learned A.G.A.

for the State.

The applicant seeks bail in Case Crime No. 131 of 2022,

under Sections 21/22 N.D.P.S. Act, Police Station G.R.P.

Alahabad, District Prayagraj.

160 Grams Alprazolam is alleged to have been recovered

from the possession of the applicant. The applicant is not

named in the F.I.R. The applicant is innocent, he has not

committed the alleged offence, but he has been falsely

implicated in the present case. There is no compliance of

mandatory provision of Sections 50, 51 and 52 of the

N.D.P.S. Act. Nothing has been recovered from the

possession of applicant nor on his pointing out and there is

no independent witness of the alleged recovery. The

applicant is having criminal history of twenty cases which

has been explained in paragraph 14 of the affidavit. It is

next submitted that there is also no possibility of applicant

either fleeing away from the judicial process or tampering

with the witnesses. Applicant, who is in jail since

09.05.2022, undertakes that he will not misuse the liberty,

if granted.

Learned AGA for the State opposed the bail application but

could not dispute the aforesaid submissions as argued on

behalf of the applicant.

Considering the facts and circumstances of the case and

without expressing any opinion on merits of the case, the

bail application is allowed.

Let the applicant- Shanu @ Shah Mohammad be

released on bail in the aforesaid case crime number on

furnishing a personal bond of Rs. 50,000/- 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 during

the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court on the

date fixed, unless personal presence is exempted.

(iv) The applicant shall not directly or indirectly make

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 to any police officer or

tamper with the evidence.

In case of breach of any of the above condition, the

prosecution shall be at liberty to move bail cancellation

application before this Court.

Order Date :- 5.1.2023

Rmk.

Digitally signed by :-

RAM MURTI KUSHWAHA

High Court of Judicature at Allahabad