Rashid vs State Of U.P.
2013 Latest Caselaw 2469 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2900 of 2013
 

 
Petitioner :- Rashid
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Arvind Srivastava,Prateek Kumar Srivastava
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.

It is contended by learned counsel for the applicant that according to the prosecution version  100 Gram Morphine from the possession of the applicant has been recovered. The recovery is not supported by any independent witness. The recovered Morphine is below the commercial quantity. The applicant is not involved in any other case of N.D.P.S. Act. The applicant is in jail since  18.2.2013.

In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Rashid involved in case crime No. 42 of 2013 under section 8/21 N.D.P.S. Act, P.S. Jaidpur, District Barabanki be released on bail on his furnishing personal bond and two heavy sureties to the satisfaction of the court concerned with the followings conditions:

*That the applicant shall not tamper with the evidence.

**That he shall report to the court of C.J.M. concerned in the first week of the each  month to show his good conduct and behaviour till the conclusion of the trial.

In case of default in any of the above mentioned conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 21.5.2013

RPD