Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2313 of 2010 Petitioner :- Indra Pal Singh Respondent :- State Of U.P. Petitioner Counsel :- Dr. Arun Srivastava 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 learned counsel for the applicant that in the present case,
150 grams Smack, 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 1.1.2010.
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 Indra Pal Singh involved in Case Crime No. 5 of 2010,
under section 8/21 N.D.P.S. Act, P.S.Cantt., District Bareilly 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 :- 1.2.2010
vinay