Jiraj Yadav v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46963 of 2023 Applicant :- Jiraj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The FIR in question was lodged alleging recovery of 595 gms. of Charas from the applicant. Counsel for the applicant argues that the alleged recovery is contrary to the mandate of Section 50 of NDPS Act. It is argued that sampling has not been done properly and the applicant has no criminal antecedent of an offence under NDPS Act.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that the recovery is less than the commercial quantity and the applicant has no criminal antecedent under the NDPS Act, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Jiraj Yadav be released on bail in FIR No.399 of 2023, under Section 8/20 of NDPS Act, P.S. Bisalpur, District Pillibhit 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 :- 3.11.2023 nishant High Court of Judicature at Allahabad