Court No. - 49 Case :- CRIMINAL APPEAL No. - 7953 of 2009 Petitioner :- Anil Kumar Singh Respondent :- State Of U.P. Petitioner Counsel :- Samit Gopal Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard Shri Gopal Chaturvedi, learned Senior Advocate assisted by Shri Samit
Gopal for the appellant and learned AGA for the State.
By means of this appeal, the appellant Anil Kumar Singh upon conviction is
seeking enlargement on bail during the pendency of the present appeal before
this Court.
Learned counsel for the appellant submitted that 103 kgs of Ganja is alleged
to have been recovered from boot of the vehicle in which the appellant was
travelling along with two other co-accused namely Arun Kumar Singh and the
driver Dileep who is still absconding. He further submitted that the appellant
had no concern with the recovered contraband article and there is no evidence
on record indicating that the contraband articles were recovered from the
constructive/conscious possession of the appellant and hence he could neither
be challaned nor convicted for the offence under the NDPS Act. It is further
contented that the appellant who has no criminal antecedents to his credit was
on bail during the pendency of the trial and he has not misused the liberty of
bail during trial and as such he is entitled to be enlarged on bail during the
pendency of the appeal. It has lastly been contended that the appeal is not
likely to be heard in near future.
The aforesaid prayer has been opposed by the learned AGA but he fairly
conceded that the applicant has no criminal antecedents.
Admit.
Considering the facts and circumstances of the case, without expressing any
opinion on the merits of the case, let the appellant Anil Kumar Singh be
released on bail on his furnishing a personal bond and two local sureties each
of the like amount to the satisfaction of the court concerned in Criminal Trial
No.12 of 1994 in Case Crime No. 257 of 1993 (State Vs. Anil Kumar Singh)
under Section 8/20 NDPS Act P.S. Gahmar, District Ghazipur. As soon as
personal and surety bonds are furnished, photocopies of the same are directed
to be transmitted to this Court forthwith by the Judge concerned to be kept on
record of this Appeal.
Subject to the appellant depositing an amount of Rs.25,000/-, the recovery of
the remaining amount shall remain stayed.
Order Date :- 1.7.2010
Pk
