Court No. - 8 Case :- BAIL No. - 6433 of 2009 Petitioner :- Baij Nath Respondent :- State Of U.P. Petitioner Counsel :- Vinai Kumar,M.S. Khan Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Counter affidavit is taken on record.
Heard learned counsel for the applicant, the learned Additional
Government Advocate and perused the F.I.R./Recovery Memo and
other relevant papers on record.
Submission of the learned counsel for the applicant is that,as alleged,
smack weighing 10 grams was recovered from the possession of the
applicant, which is below the commercial quantity. He further submits
that the applicant is in jail since 30.08.2009 and there is no previous
criminal history of the applicant as averred in para 19 of the bail
application and the same is not controverted by the State.
Considering the facts and circumstance of the case, let the applicant be
released on bail in case Crime No.644 of 2009 u/s 8/18 N.D.P.S. Act
P.S.Atariya District Sitapur on his filing a personal bond and two
sureties each in the like amount to the satisfaction of the court
concerned/remand Magistrate.
Order Date :- 28.1.2010
kvg/-