Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18146 of 2010 Petitioner :- Nafees Respondent :- State Of U.P. Petitioner Counsel :- Dr. G.S.D. Mishra,Ramesh Upadhyay Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant and the learned A.G.A.
It is contended by the learned counsel for the applicant that in the present
case, 150 gram Nashila Powder, which is below the commercial quantity, is
alleged to have been recovered from the possession of the applicant. There is
no compliance of Section 50 of the N.D.P.S. Act. The prosecution story is not
supported by any independent witness. The applicant is not involved in any
other case of N.D.P.S. Act. The applicant is in Jail since 16.05.2010.
In view of the facts and circumstances of the case and submissions made by
learned counsel for the applicant, and without expressing any opinion on the
merits of the case, the applicant is entitled to be released on bail.
Let the applicant Nafees involved in Case Crime No. 352 of 2010, under
section 8/20 N.D.P.S.Act, P.S. GRP Agra Cantt, District Agra be released on
bail on his furnishing a personal bond and two heavy surety each in the like
amount to the satisfaction of the Court concerned with the following
conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ 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 behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 16.7.2010
MLK/v.k.updh.