Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18088 of 2009 Petitioner :- Imtiyaz Alias Sabbir Khan Alias Chand Respondent :- State Of U.P. Petitioner Counsel :- Shyam Sudarshan Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
List revised. No one is present on behalf of applicant to press the
present bail application.
Heard AGA for the State and perused the record.
The averment on behalf of applicant is that applicant was going to his
original residence Burdwan (West Bengal) in the way some hot
conversation took place between applicant and police. Thereafter,
applicant was taken at police station and he was falsely implicated in
the present case showing false recovery of 1 Kg. and 50 gm. Charas.
Since commercial quantity is 1 kg. hence recovery of 1 Kg. and 50 gm.
charas was shown from the possession of applicant. There is no criminal
history of applicant apart from the present case. In the present case, as
mentioned in the application, applicant is in jail since 12.3.2009.
AGA opposed the aforesaid prayer for bail on the ground that there was
recovery of 1 kg. 50 gm. charas from the possession of applicant, hence
he is not entitled for bail.
In view of the above, without expressing any opinion on merit, let the
applicant Imtiyaz @ Sabbir Khan @ Chand be enlarged on bail on his
furnishing a personal bond with two sureties each in the like amount to
the satisfaction of court concerned in Case Crime No.96 of 2009, under
Section 8/20 N.D.P.S. Act, P.S. G.R.P. Cantt. District Varanasi.
Order Date :- 6.7.2010
Pramod