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ALLAHABAD HIGH COURT
IRFAN – Appellant
Versus
STATE OF U.P. THROUGH SECRETARY HOME AT LUCKNOW – Respondent
BAIL/56146/2021
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 8/20 - BAIL - CONDITIONS - APPLICANT IS OF ONE CRIMINAL ANTECEDENT OF N.D.P.S. ACT, WHEREIN, JUDGEMENT OF ACQUITTAL IS THERE; OCCURRENCE IS SAID TO BE OF 210 GRAMS OF CHARAS, WHICH IS MUCH LESS THAN COMMERCIAL QUANTITY; THERE IS NO LIKELIHOOD OF FLEEING FROM COURSE OF JUSTICE OR TEMPERING WITH EVIDENCE IN CASE OF RELEASE ON BAIL; OTHER CRIMINAL ANTECEDENTS OF 15 CASES HAVE BEEN DULY EXPLAINED BY APPLICANT IN THE AFFIDAVIT FILED IN SUPPORT OF BAIL APPLICATION.
Fact of the Case:
The applicant, Irfan, was arrested and charged under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly possessing 210 grams of charas. The applicant had one prior criminal antecedent under the NDPS Act, which resulted in an acquittal. The applicant filed a bail application, arguing that the quantity of charas recovered was less than the commercial quantity and that he had no criminal antecedents in the last 22 years.
Finding of the Court:
The court noted that the applicant had one prior criminal antecedent under the NDPS Act, which resulted in an acquittal. The court also noted that the quantity of charas recovered was less than the commercial quantity. The court found that there was no likelihood of the applicant fleeing from justice or tampering with evidence if released on bail.
Issues: Whether the applicant should be granted bail.
Ratio Decidendi: The court held that the applicant was entitled to bail because he had one prior criminal antecedent under the NDPS Act, which resulted in an acquittal, and the quantity of charas recovered was less than the commercial quantity. The court also found that there was no likelihood of the applicant fleeing from justice or tampering with evidence if released on bail.
Final Decision: The court allowed the applicant's bail application and ordered that he be released on bail subject to certain conditions.
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56146
of 2021
Applicant :- Irfan
Opposite Party :- State Of U.P. Through Secretary Home At
Lucknow
Counsel for Applicant :- A.Z.Khan
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Irfan, in Case
Crime No. 298 of 2021, under Section- 8/20 of N.D.P.S. Act,
P.S. Gagalhedi, District- Saharanpur.
Learned counsel for the applicant argued that the accused-
applicant is innocent; he has been falsely implicated in this very
case crime number and is languishing in jail since 8.11.2021; he
is of one criminal antecedent of N.D.P.S. Act, that too of year
1999, wherein, judgement of acquittal is there; occurrence is
said to be of 210 grams of charas, which is much less than
commercial quantity; there is no likelihood of fleeing from
course of justice or tempering with evidence in case of release
on bail; other criminal antecedents of 15 cases have been duly
explained by applicant in the affidavit filed in support of bail
application. Hence, bail has been prayed for.
Learned AGA has vehemently opposed on the ground of
criminal antecedents of 15 cases against applicant but could not
oppose this fact that applicant was of one criminal antecedent of
N.D.P.S. Act, wherein, there is judgement of acquittal and the
alleged recovered charas is much less than commercial
quantity.
Having heard learned counsels for both sides and gone through
materials placed on record as well as considering all above facts
and circumstances, the nature of accusations, severity of the
punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the
witness and prima facie case, but, without commenting on
merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Irfan, involved in above mentioned case
crime number be released on bail, on his executing a personal
bond and two reliable sureties, each, in the like amount, to the
satisfaction of the court concerned, subject to the following
conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution
witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date
fixed by the trial court, unless his personal appearance is
exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order
downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self
attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the
authenticity of such computerized copy of the order from the
official website of High Court, Allahabad, and shall make a
declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the
court below will be at liberty to proceed to cancel his bail.
Order Date :- 12.1.2022
Kamarjahan
Digitally signed by RAM KRISHNA
GAUTAM
Date: 2022.01.13 16:36:25 IST
Reason: Document Owner
Location: High Court of Judicature at
Allahabad
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