Mohar Ali v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46388 of 2023 Applicant :- Mohar Ali Opposite Party :- State of U.P. Counsel for Applicant :- Indra Pal Singh Rajpoot,Sanjay Kumar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Supplementary Affidavit filed today in Court is taken on record.

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

¶3In terms of the FIR, allegedly 3 kg of Ganja was recovered from the applicant. It is argued that the recovery is less than the commercial quantity and the mandate of Section 50 of NDPS Act has not been followed. The applicant has no criminal antecedent.

¶4Learned AGA has opposed the bail application.

¶5Considering the fact that the recovery is less than the commercial quantity, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶6Let the applicant Mohar Ali be released on bail in FIR No.154 of 2023, under Section 8/20 NDPS Act, P.S. Panwari, District Mahoba on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of 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 :- 2.11.2023 nishant High Court of Judicature at Allahabad