Sabbir vs State Of U.P.
2014 Latest Caselaw 7360 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28149 of 2014
 

 
Applicant :- Sabbir
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dhiraj Kumar Pandey
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

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

Learned counsel for the applicant contended that  since there was criminal history of applicant, hence showing the recovery of Poppy Straw from joint possession of the applicant and other co-accused, the applicant has been challaned under the NDPS Act. Before this case, applicant was never challaned under the NDPS Act. He will not misuse the liberty of bail and will cooperate with the trial if he is released on bail. He is in jail since 29.5.2014.

Learned A.G.A. opposed the prayer for bail.

In view of above facts, considering the nature of allegation and offence, without expressing any opinion on merit, it is a fit case for bail.

Let the applicant Sabbir  be enlarged on bail on his furnishing a personal bonds with two heavy sureties each in the like amount to the satisfaction of court concerned in case crime no. 144 of 2014, under section 18/20 The Narcotic Drugs and Psychotropic Substances Act, and 420 I.P.C. Police Station  Sarsawa,  District Saharanpur  with the following conditions:

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Order Date :- 9.10.2014

AHN