M.Cr.C. No.5524/2010
25/08/2010
Shri Harpeet Ruprah, Advocate for the
applicant.
Smt. Sushila Paliwal, Public Prosecutor for
the respondent-State.
Heard both the parties.
The applicant is in custody in connection with
Crime No.322/2009 registered at Police Station
Bareli District Raisen for the offence punishable
under Sections 8, 20 and 29 of the NDPS Act,
since 10/4/2010.
Learned counsel for the applicant submits
that the applicant is a reputed citizen of the
locality, who has no criminal past alleged against
him. The statement given by co-accused Keshar
Singh under Section 27 of the Evidence Act is not
admissible against the applicant. One Noor Ali @
Papa Bhaijan is harden criminal and he is a
cooked witnesses from the side of the police. The
alleged Ganja was seized from the possession of
Keshar Singh and at present the applicant has no
connection with that Ganja. There is no evidence
to the police to implicate the present applicant for
the aforesaid crime, therefore, he prays for bail.
On the other hand learned Public Prosecutor
for the State vehemently opposes the application
mainly on the ground that witness Noor Ali @
Papa Bhaijan has clearly stated that the Ganja
which was seized from the possession of Keshar
Singh was supplied by the applicant and,
therefore, there is a strong case against the
applicant.
After considering arguments advanced by
learned counsel for the parties and looking to the
facts and circumstances of the case particularly
the gravity of offence, I am of the view that this is
not a fit case in which bail may be granted to the
applicant Shobharam.
Accordingly, the application of the present
applicant under Section 439 Cr.P.C is hereby
dismissed.
(N.K.Gupta)
Judge
Ansari