Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1149 of 2010 Petitioner :- Abdul Rahees Respondent :- State Of U.P. Petitioner Counsel :- Ram Prakash Singh 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 learned counsel for the applicant that in the present case,
150 grams Diazapam, 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 9.12.09.
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 Abdul Rahees involved in Case Crime No. 790 of 2009,
under section 21/22 N.D.P.S.Act, P.S. G.R.P. Kanpur, District Kanpur Nagar
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 :- 13.1.2010
vinay