SURAJPAL Vs. STATE OF U.P.
LAWS(ALL)-2020-10-66
HIGH COURT OF ALLAHABAD
Decided on October 01,2020

Surajpal Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Neeraj Tiwari, J. - (1.) Heard learned counsel for the applicant and learned A.G.A. for the State. 800 Grams of Charas is alleged to be recovered from the possession of the applicant which is below than the commercial quantity. The applicant is innocent, he has not committed the alleged offence, but he has been falsely implicated in the present case. There is no compliance of mandatory provision of Sections 50, 51 and 52 of the N.D.P.S. Act and there is no independent witness of the incident. The applicant has no criminal history. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 20.5.2020, undertakes that he will not misuse the liberty, if granted.
(2.) Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
(3.) Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Surajpal, involved in Case Crime No. 180 of 2020, under Section- 8/20 N.D.P.S. Act, Police Station- Meerganj, District Bareilly, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.;


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