High Court of Judicature at Allahabad
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Sudhir Patel v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 1438 of 2006  RD-AH 2290 (30 January 2006)
Hon'ble M. K. Mittal, J.
Heard Sri Shamsher Singh, brief holder for Sri D.D.Yadav, learned counsel for the accused applicant, learned A.G.A. and perused the record.
Accused Sudhir Patel son of Sri Gomati Patel has prayed for release on bail in Case Crime No. 197 of 2005 under Section 18/20 N. D. P.S. Act, P.S. Bisanda, District Banda.
Prosecution case is that co accused Subhash Mandal was arrested at the spot and Ganja was found in his possession. Ganja was also kept in the Kothri of co accused Devendra Patel. But at that time this accused and Devendra Patel were present and had managed to escape and their name has been disclosed by Subhash Mandal.
Learned counsel for the accused applicant has contended that accused has been wrongly implicated in this case and has no concern with the co-accused Devendra Patel and no recovery has been made by this accused.
Considering the facts and circumstances of the case, but without commenting on the merits of the case, accused is entitled to bail.
Let the accused named above 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. He shall give an under taking that he will not indulge in any criminal and antisocial activity and shall not threaten the complainant/witnesses. If any report is found against him, it shall be open for the Court below to report to this Court so that his bail may be cancelled.
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