Somaru Basfor vs State Of U.P.
2017 Latest Caselaw 11 ALL

Citation : 2017 Latest Caselaw 11 ALL
Judgement Date : 3 May, 2017

Allahabad High Court

Somaru Basfor vs State Of U.P. on 3 May, 2017

Bench: Mukhtar Ahmad




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 13
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15111 of 2017
 

 
Applicant :- Somaru Basfor
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sanjay Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mukhtar Ahmad,J.

Applicant- Somaru Basfor seeks bail in Case Crime No.861 of 2016, under Sections 8/20 N.D.P,S. Act, Police Station Haldharpur, District Mau.

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

290 grams of illegal Charas is said to have been recovered from the possession of the accused applicant. Learned counsel for the applicant submits that he is innocent and has been falsely implicated; that nothing was recovered from his possession and alleged recovery is fake. Further provision enumerated under Section 50 and other sections of the N.D.P.S. Act were not complied with and no public witness of the recovery is there. It is lastly contented that applicant is languishing in jail since 14.10.2016. On these grounds bail is prayed.

Bail has been opposed by learned A.G.A.on behalf of the State.

Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.

Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. He will cooperate in the trial bonafidely without seeking adjournments.

3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 3.5.2017

M.A.Ansari