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Allahabad High Court
Birendra Tiwari vs State Of U.P. on 29 January, 2010
Court No. - 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2244 of 2010

Petitioner :- Birendra Tiwari
Respondent :- State Of U.P.
Petitioner Counsel :- I. M. Khan
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,
five kilograms Ganja, 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 14.12.2009.

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 Birendra Tiwari involved in Case Crime No. 348 of 2009,
under section 8/18/20 N.D.P.S.Act, P.S. Khaga, District Fatehpur. 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 :- 29.1.2010
vinay


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