Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Anwar vs State Of U.P. on 4 August, 2010
Court No. - 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20432 of 2010

Petitioner :- Anwar
Respondent :- State Of U.P.
Petitioner Counsel :- Raghubir 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 the learned counsel for the applicant that in the present
case, 130 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
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 Anwar involved in Case Crime No. 353 of 2010, under
section 21/22 N.D.P.S.Act, P.S. GRP Agra Cant, 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 :- 4.8.2010
MLK/v.k.updh.


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