Zahid vs State Of U.P.
2023 Latest Caselaw 20867 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:158585
 
Court No. - 75
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2008 of 2023
 

 
Applicant :- Zahid
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Nasiruzzaman,Mohit Kumar Jaiswal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

1. Rejoinder affidavit filed by learned counsel for the applicant in the Court today, is taken on record.

2. Heard learned counsel for applicant, learned AGA and perused the record.

3. The FIR in question was lodged alleging the recovery of 370 grams of alprazolam powder from the applicant.

4. It is argued that the mandate of Section 50, Section 51 of the NDPS Act read with Section 100 Cr.P.C. was not followed as is evident from the FIR itself. He argues that the applicant is in custody since 28.06.2022 and has no criminal history of offence under NDPS Act. The applicant is entitled to be enlarged on bail.

5. Learned A.G.A. vehemently opposed the bail prayer.

6. Considering that prima facie the mandate of Sections 50 and 51 of the NDPS Act read with Section 100 Cr.P.C. has not been followed and the applicant has no criminal antecedents of offence under NDPS Act. Thus, following the judgment in the case of MohdMuslim@ Hussain vs State (NCT of Delhi); 2023 LiveLaw (SC) 260 and Ranjitsing Brahmajeetsing Sharma vs. State of Maharashtra & Anr. (2005) 5 SCC 294 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

7. Accordingly, the bail application is allowed.

8. Let the applicant- Zahid be released on bail in FIR/ Case Crime No. 257 of 2022, under Section 21/22 of NDPS Act, Police Station- Govind Nagar, District- Mathura, on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

Order Date :- 7.8.2023

Kalp Nath Singh