Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10899 of 2009 Petitioner :- Jagpal Lodhi Respondent :- State Of U.P. Petitioner Counsel :- Jai Singh Chandel Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Explanation has been sent by the Chief Judicial Magistrate, Ghaziabad to the
effect that in compliance of the order, the letter was sent to senior
Superintendent of Police on 19th December, 2009. There was delay on his
part in compliance of the order. An affidavit have been filed by Mr. Akhil
Kumar Senior Superintendent of Police, Ghaziabad. According to affidavit
after receipt of the communication vide letter dated 18.12.2009 sent by the
learned Additional Government Advocate, immediately he has called for the
explanation from Station House Officer, Police Station Shahibabad. In fact
the direction was issued by him regarding compliance of the order. He also
directed to obtain the desired chemical report from Agara by 23.12.2009 for
compliance of the order dated 15.12.2009. For negligence on their part, the
departmental inquiry was setup against the Sub Inspector concerned and
Nodal Officer have been warned for non compliance of the order of the court.
Counter affidavit has also been filed by the investigating officer Mr. Mithilesh
Pathak. According to the chemical examination report the percentage in the
three separate samples are 0.76, 0.67 and 0.72.
Counsel for the applicant submitted that in view of the report of chemical
examination report the contents even accordingly to prosecution case would
be less than 10 gram. The prayer of the bail of co-accused Dinesh Kumar has
already been allowed by the High Court on 7.10.2009. There is no criminal
history of the applicant, first time he has been falsely implicated in the present
case. The applicant is in jail since 27.11.2007.
In view of the aforesaid fact without expressing any opinion on merit, let the
applicant Jagpal Lodhi be released on bail, in case crime no. 1273 of 2007,
under Section 8/22 N.D.P.S. Act, P.S. Sahibabad, District-Ghaziabad, on his
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned.
Order Date :- 28.1.2010
Manoj