Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17569 of 2010 Petitioner :- Lalit Respondent :- State Of U.P Petitioner Counsel :- S.K.Dubey Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant and the learned A.G.A.
It is contended by the learned counsel for the applicant that in the present
case, 200 Tablets Nasheeli Alfa Zolam, which is below the commercial
quantity, is alleged to have been recovered from the possession of the
applicant. There is no compliance of Section 50 of the N.D.P.S. Act. The
prosecution story is not supported by any independent witness. The applicant
is not involved in any other case of N.D.P.S. Act. The applicant is in Jail since
26.05.2010.
In view of the facts and circumstances of the case and submissions made by
learned counsel for the applicant, and without expressing any opinion on the
merits of the case, the applicant is entitled to be released on bail.
Let the applicant Lalit involved in Case Crime No. 664 of 2010, under section
8/21 N.D.P.S.Act, P.S. Vijay Nagar, District Ghaziabad be released on bail on
his furnishing a personal bond and two heavy surety each in the like amount
to the satisfaction of the Court concerned with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 12.7.2010
IA/v.k.updh.