Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18481 of 2010 Petitioner :- Lal Chandra Jaiswal And Another Respondent :- State Of U.P. Petitioner Counsel :- Smt. Laxmi Singh,I.B. Singh,R.K.Shukla,Sangam Singh Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated. He further submits that false recovery
of 15 packets of Ganja weighing 75 grams and Rs.500/- has been
recovered from applicant no.1 and 50 grams Ganja and Rs.270/ has
been recovered from the possession of applicant no.2 . He further
submits that allegedly 24 Kilograms Ganja was also recovered from the
spot.. He further submits that there is no independent witness of the
alleged recovery. Learned counsel for the applicants in support of his
argument has relied upon the case of Om Prakash Vs. State of
Rajasthan reported in (2010)(1) JIC 94 (SC) and has argued that the
Apex Court has held that the prosecution has to show that the accused
was having exclusive possession of the contraband and in the present
case 24 Kg. Ganja has not been recovered from the exclusive
possession of the applicants. He further submits that the applicants do
not have any criminal history and are in Jail since 06-6-2010.
Keeping in view the nature of the offence, evidence, complicity of the accused,
severity of punishment and submissions of the learned counsel for the parties, I am
of the view that the applicants have made out a case for bail.
Let the applicant Lal Chandra Jaiswal and Babloo alias Pankaj Jaiswal involved
in Case Crime No. 168 of 2010 under Section 8/20 NDPS Act , P.S. Cholapur,
District Varanasi be released on bail on their furnishing a personal bond and two
sureties 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 :- 20.7.2010
IA