Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32818 of 2009 Petitioner :- Shiv Singh @ Shivau Respondent :- State Of U.P. Petitioner Counsel :- Anuj Bajpai Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicant- Shiv Singh @ Shivau seeks bail in Case Crime No. 482 of
2009 under Section 8/18 N.D.P.S. Act, Police Station Katra,
District Shahjahanpur.
Heard learned counsel for the applicant as well as learned AGA for the
State and also perused the material placed on record.
It is contended by the learned counsel for the applicant that the
applicant is alleged to have arrested on 5.8.2009 by the police
concerned and 400 gms. of Charas, which is less than commercial
quantity, is recovered from his possession . He has further submitted
that in other criminal cases which are alleged to be pending against the
applicant, he is on bail. He has further contended that the applicant is in
jail since 5.8.2009 and the trial has not commenced which is likely to
consume some more time to conclude.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie,
satisfaction regarding proposed evidence and genuineness of the
prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit
case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the
applicant- Shiv Singh @ Shivau involved in aforesaid crime be released
on bail on his furnishing a personal bond of Rs. 25,000/- and two
sureties each in the like amount to the satisfaction of the court
concerned.
Order Date :- 8.1.2010
Mt/