Allowed

Mohd. Faizan v. State of U.P.

Allahabad HC21 Jun 2018BAIL/22659/2018

Case brief

AI extract

What is this about?

This judgment grants bail to Mohd. Faizan in a narcotics case involving Section 20 of the N.D.P.S. Act and Section 307 IPC. The court allowed bail on the ground of parity with a co-accused and imposed standard sureties and conditions against tampering with evidence.

What did the court decide?

Release on bail by furnishing a personal bond and two heavy sureties subject to standard conditions of conduct and court appearance.

Mohd. Faizan Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 33

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22659 of 2018

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Applicant :- Mohd. Faizan Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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It has been contended by the learned counsel for the applicant that the co-accused Manoj Chaudhari has already been granted bail by this Court vide order dated 22.05.2018 in Criminal Misc. Bail Application No.16781 of 2018 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 06.12.2017.

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On the other hand, learned AGA opposed the prayer for bail.

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Let the applicant Mohd. Faizan involved in Case Crime No. 604 of 2017, under Section 8/20 N.D.P.S. Act and 307 I.P.C, Police Station Kaptanganj, District -Kushinagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 21.6.2018 SS

Mohd. Faizan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd. Faizan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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