Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 395 of 2010 Petitioner :- Mohammad Kayam Respondent :- State Of U.P. Petitioner Counsel :- Madan Kumar Tiwari Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant and learned A.G.A.
It is contended by the learned counsel for the applicant that in the present
case, 500 gms Charas-, 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 28.10.2009.
In view of the facts and circumstances of the case and submissions made by
learned counsel for the applicant and learned A.G.A. , without expressing any
opinion on the merits of the case, the applicant is entitled to be released on
bail.
Let the applicant Mohammad Kayam involved in Case Crime No. 864 of
2009, under Section- 18/20 N.D.P.S. Act, P.S. Delhi Gate, District- Aligarh
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 pressurise/ intimidate the prosecution witness.
(iii) The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behaviour.
(iv) The applicant shall cooperate in the early conclusion of the trial and will
not seek any unnecessary adjournment.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 7.1.2010
MLK/s