Allowed

Sufal Hassa v. State of U.P.

Allahabad HC13 Sept 2023BAIL/34042/2023

Case brief

AI extract

What is this about?

In a bail application under the N.D.P.S. Act, the applicant, accused of morphine possession, was granted bail on grounds of parity with a co-accused already released. The court emphasized submission of a personal bond and two sureties subject to standard conditions.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to five specific conditions including not

Sufal Hassa Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177507

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34042 of 2023

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Applicant :- Sufal Hassa Opposite Party :- State of U.P. Counsel for Applicant :- Istiyaq Ali,Ali Hasan Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Learned AGA submits that instructions have been received in the case and the bail application may be heard. With the consent of learned counsel for the parties, the bail application is being heard at this stage.

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Heard learned A.G.A. for the State and perused the record with the assistance of learned A.G.A.

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A recovery of 9.760 kg of Morphine is alleged by the prosecution to have been recovered from the back storage space of the vehicle from one suitcase. Applicant was travelling in the aforesaid vehicle along with co-accused. Co-accused Kunwarpal @ K.P. has already been granted bail by this Court by order dated 25.7.2023 passed in Criminal Misc. Bail Application No.19576 of 2023. The applicant is languishing in jail since 17.2.2023.

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Learned AGA does not dispute the fact that applicant is having similar role and is entitled to be released on bail on the ground of parity.

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Considering the facts and circumstances of the case, nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail on the ground of parity. The bail application is allowed .

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Let the applicant Sufal Hassa involved in Case Crime No.24 of 2023, under Sections 8/18/29/60(3) N.D.P.S. Act, Police Station Aliganj, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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

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

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.

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iv. 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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v. 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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vi. The applicant shall not leave India without the previous permission of the Court.

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

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Order Date :- 13.9.2023 D. Tamang

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Sufal Hassa v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sufal Hassa v. State of U.P.

Case brief

What is this about?

What did the court decide?

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