Allahabad High Court High Court

Satish vs State Of U.P on 30 June, 2010

Allahabad High Court
Satish vs State Of U.P on 30 June, 2010
Court No. - 32

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16239 of 2010

Petitioner :- Satish
Respondent :- State Of U.P
Petitioner Counsel :- Rajesh Yadav
Respondent Counsel :- Govt Advocate

Hon'ble Surendra Singh,J.

Heard learned counsel for the applicant and learned A.G.A. and
perused the material placed on record.

Applicant-Satish seeks bail in Case Crime No. 310 of 2010, under
Sections 8/20 N.D.P.S. Act, Police Station Gunnor, District Budaun.

It is contended by learned counsel for the applicant that 450 grams of
charas is alleged to have been recovered from the possession of the
applicant which are below commercial quantity. He has further
contended that the applicant is not a previous convict and has got no
criminal history to his credit, thus he being in jail since 3.5.2010,
deserves to be released on bail.

The bail is, however, opposed by the learned A.G.A.

The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie,
satisfaction regarding proposed evidence and genuineness of the
prosecution case were duly considered.

Considering totality of circumstances of the case, I consider it a fit case
to enlarge the applicants on bail.

Without expressing any opinion on the merits of the case, let the
applicant-Satish involved in aforesaid crime be released on bail on
his furnishing a personal bond of Rs. 25,000/- and two sureties each
in the like amount to the satisfaction of the court concerned
Order Date :- 30.6.2010
MN/-