IFETEKHAR Vs. STATE OF U.P.
LAWS(ALL)-2010-8-381
HIGH COURT OF ALLAHABAD
Decided on August 12,2010

Ifetekhar Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

NAHEED ARA MOONIS, J. - (1.) HEARD , the learned Counsel for the applicant, the learned AGA for the State and perused the record. The present bail application has been moved by the applicant Iftekhar in Case Crime No. 322 of 2010, under sections 18/20, N.D.P.S. Act, P.S. Mirjapur, District Shahjahanpur, with a prayer that he may be admitted to bail.
(2.) IT is contended by the learned Counsel for the applicant, that the appli­cant is said to have been found in posses­sion of 200 gms. of opium, of which no compliance of the mandatory provisions of the said Act has been done at the time of alleged recovery, there is no independent witness of the alleged recovery and the ap­plicant has been falsely implicated in the case. The applicant is in jail since 13.6.2010, and in case he is enlarged on bail, he will not misuse the liberty of bail. In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Iftekhar involved in case Crime No. 322 of 2010, under sections 18/20, N.D.P.S. Act, P.S. Mirjapur, District Shah­jahanpur, be enlarged on bail on his execut­ing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the Court concerned, 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. Identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
(3.) IN defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail. Bail Granted.;


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