Back
ALLAHABAD HIGH COURT
RAM KRISHNA GAUTAM
IKBAL – Appellant
Versus
State – Respondent
BAIL/48598/2021
BAIL - NDPS ACT - CHARAS - RECOVERY OF 500 GM - NO CRIMINAL ANTECEDENTS - BAIL GRANTED
Fact of the Case:
The applicant, Ikbal, was arrested and charged under Section 8/20 of the NDPS Act for the alleged recovery of 500 gm of Charas. The applicant had no criminal antecedents and had been in jail since 13.7.2021.
Finding of the Court:
The court found that the applicant had no criminal antecedents and that the alleged recovery was of 500 gm of Charas, which is half of the commercial quantity. The court also noted that the provisions of Section 50 of the NDPS Act were not followed during the recovery.
Issues: Whether the applicant should be granted bail considering the nature of the accusations, the severity of the punishment, and the lack of criminal antecedents.
Ratio Decidendi: The court held that the applicant was entitled to bail as he had no criminal antecedents, the alleged recovery was less than the commercial quantity, and the provisions of Section 50 of the NDPS Act were not followed during the recovery.
Final Decision: The court allowed the applicant's bail application and ordered his release on bail subject to certain conditions.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48598
of 2021
Applicant :- Ikbal
Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Shekhar Kushwaha
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Ikbal, in
Case Crime No. 167 of 2021 under Section 8/20 NDPS Act P.S.
Mirzapur District Saharanpur.
Heard learned counsel for the applicant and learned AGA
representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is
innocent; he has been falsely implicated in this very case crime
number and is languishing in jail since 13.7.2021; he is of no
criminal antecedent; the alleged recovery is of 500 gm of
Charas i.e. half of commercial quantity of Charas which is 1 kg,
that too without observation of provisions of Section 50 of the
NDPS Act; no independent public witness is there; there is no
likelihood of applicant's fleeing from course of justice or
tempering with evidence in case of release on bail. Hence bail
has been prayed for.
Learned AGA has vehemently opposed bail, but could not
oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through
the material placed on record and considering the nature of
accusations, severity of the punishment in the case of
conviction but without commenting on the merits of the case, a
case for bail is made out, accordingly allowed.
Let the applicant, Ikbal, 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.
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 :- 6.1.2022
SP
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
