Kartar Karan v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47847 of 2023 Applicant :- Kartar Karan Opposite Party :- State of U.P. Counsel for Applicant :- Preetam Yadav Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2In terms of the FIR, it was alleged that on the search being carried out, total amount of 16 Kg. and 179 gms. of Ganja was allegedly recovered.

¶3The counsel for the applicant argues that the recovery is not in accordance of mandate of Section 50 of the N.D.P.S. Act and is less than the commercial quantity and further the applicant has no criminal antecedents.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that the recovery is not in the presence of any independent witness, and is also less than the commercial quantity 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.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Kartar Karan be released on bail in FIR/ Case Crime No. 692 of 2023, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. G.R.P. Jhansi, District Jhansi, 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 :- 8.11.2023 S.A. High Court of Judicature at Allahabad