Court No. - 28 Case :- BAIL No. - 5311 of 2010 Petitioner :- Raja Ram Respondent :- State Of U.P. Petitioner Counsel :- K.K. Tewari Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of the State today, is taken on record.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that the recovered quantity of
the smack was less than the commercial quantity. It was also submitted that
no public witness was called by the Police at the time of the recovery and the
applicant has been falsely implicated in this cases.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Raja Ram involved in Crime No. 21 of 2010, under sections
8/21 of the Narcotric Drugs & Psychotropic Substances Act, P.S. Maanpur,
District Sitapur be released on bail on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the Special Judge
concerned and also subject to the following conditions:
(a) the applicant will continue to attend the court concerned on the date fixed.
(b) the applicant will not tamper with the witnesses.
(c) the applicant will not indulge in any illegal activities during the period of
bail.
In case of breach of any of the above three conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 16.7.2010
shailesh