Court No. - 28 Case :- BAIL No. - 5166 of 2010 Petitioner :- Neraj @ Sadhu Respondent :- State Of U.P. Petitioner Counsel :- Mohd. Nafees Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The learned counsel for the applicant submitted that the recovered quantity of
Charas was less than the commercial quantity and no public witness was
called at the time of the alleged recovery and the recovery has been planted by
the police to falsely implicate the applicant.
There does not appear to be any reasonable ground to believe that the
applicant will temper 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 Meraj @ Sadhu involved in case crime No. 102 of 2010
under sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act,
1985, P.S. Kotwali Dehat, District Bahraich be released on bail on his
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned and also subject to the following
conditions:
1. the applicant will continue to attend the court concerned on the date
fixed;
2. the applicant will not tamper with the witnesses;
3. the applicant will not indulge in any illegal activities during the period
of bail.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 14.7.2010
MTA