Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17133 of 2010 Petitioner :- Vijay Pal Respondent :- State Of U.P. Petitioner Counsel :- Akhilesh Srivastava 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, 250 gram Intoxicating 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 08.05.2010.
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 Vijay Pal involved in Case Crime No. 154 of 2010,
under section 18/20 N.D.P.S.Act, P.S. Pali Mukimpur, District
Aligarh 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 :- 7.7.2010
Vinay/v.k.updh.