Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2344 of 2010 Petitioner :- Chandra Prakash @ Chando Respondent :- State Of U.P. Petitioner Counsel :- Vijay Mani Tiwari Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is contended by learned counsel for the applicant that in the present case 20
Kg Ganja has been recovered from the possession of the applicant. There is
no compliance of Section-50 of NDPS Act. The prosecution story is not
supported by any independent witness. The applicant is not involved in any
other case under NDPS Act. The applicant is in Jail since 28-8-2009
Keeping in view the nature of the offence, evidence, complicity of the
accused ,severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail
Let the applicant Chandra Prakash @ Cdhando involved in Case crime
no.607 of 2009 under section 18/20 NDPS Act , Police Station Govind Nagar,
district Mathura 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 with
the following conditions:
` (i)The applicant shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour.
In case of breach of any of the above mentioned conditions the court
below shall be at liberty to cancel the bail.
Order Date :- 1.2.2010
IA