Allahabad High Court High Court

Mohd. Shami vs State Of U.P. on 28 July, 2010

Allahabad High Court
Mohd. Shami vs State Of U.P. on 28 July, 2010
Court No. - 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5921 of 2009

Petitioner :- Mohd. Shami
Respondent :- State Of U.P.
Petitioner Counsel :- Abrar Ahmad Siddiqui
Respondent Counsel :- Govt. Advocate

Hon'ble Arvind Kumar Tripathi,J.

The present bail application has been filed on behalf of Mohd.
Shami in Case Crime No. 371 of 2008, under Section 21/22
N.D.P.S. Act, P.S. Handia, District Allahabad.

List revised. No one is present to press the bail application. I

Heard learned A.G.A. for the State and perused the record.

According to prosecution case 18 Puriya (18 gm.)Smack was
recovered from the applicant on 25.8.2008.

Learned A.G.A. submitted that even earlier applicant was
challaned under the N.D.P.s. Act in four cases. Hence he is not
entitled for bail.

Considering the aforesaid fact, and in view of the recovery of 18
Puriya (18 gm.)Smack from possession of the applicant,
correctness of which has to be examined during trial, without
observation on merit, at this stage, it is not a fit case for bail.

Accordingly, present bail application of Mohd. Shami in Case
Crime No. 371 of 2008, under Section 21/22 N.D.P.S. Act, P.S.
Handia, District Allahabad , is hereby rejected.

However, if trial has not been concluded, trial Court is expected to
conclude the trial as expeditiously as possible, without
unreasonable delay and unnecessary adjournment, preferably
within six months.

Office to communicate this order to Court concerned.

Order Date :- 28.7.2010
S.A.A.Rizvi