Court No. - 28 Case :- BAIL No. - 5703 of 2010 Petitioner :- Haricharan Respondent :- State Of U.P. Petitioner Counsel :- S.G. Singh,Anuj Pandey Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of State is taken on record.
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 200 gms. smack
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 tamper
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 Haricharan involved in case crime No. 288 of 2010 under sections 8/21 of the
Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. Kamlapur District Sitapur 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 :- 29.7.2010
MTA