Court No. - 32 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13297 of 2010 Petitioner :- Hasmullah Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the applicant and learned A.G.A. for the
State.
This bail application is on behalf of Hasmullah.
The F.I.R. indicates that recovery of 320 gms. of Heroin was made from
the person of Haneef and not from the person of the applicant.
Learned counsel contends that this aspect makes the case of the
applicant distinguishable in so far as recovery is concerned from that of
co-accused Haneef.
Learned A.G.A. had been granted time to receive instructions. Sri
Shukla contends that the prosecution story that the applicant also
intends to share the amount that was to be collected after the sale of the
said Heroin and therefore he is equally an accomplice in the entire
episode.
Having heard learned counsel for the applicant and keeping in view the
distinguishable nature of the recovery as indicated above the applicant
is entitled for bail. The applicant does not have any reported criminal
antecedents.
Let the applicant Hasmullah involved in Case Crime No. 20 of 2010,
under Section 8/21 N.D.P.S. Act, Police Station Jataha Bazar, District
Kushi Nagar, be enlarged on bail on his executing a personal bond and
furnishing two sureties, each in the like amount, to the satisfaction of the
court concerned.
Order Date :- 23.6.2010
Sahu