Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5412 of 2009 Petitioner :- Kamal Singh Respondent :- State Of U.P. Petitioner Counsel :- Sudhir Kumar Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
The present bail application has been filed on behalf of Kamal
Singh in Case Crime No. 1413 of 2008, under Section 8/20
N.D.P.S. Act, P.S. Pipraich, District Gorakhpur.
List revised. No one is present to press the bail application.
Heard learned A.G.A. for the State and perused the record.
According to the contention of the applicant, applicant was
challaned under the N.D.P.S. Act showing false recovery of 300
gram Charas from the possession of the applicant. He is in jail
since 31.10.2008. Hence he is entitled for bail.
Learned A.G.A. submitted that there was compliance of mandatory
provision of N.D.P.S. Act. There is criminal history against the
applicant. Even earlier he was challaned in two cases under
N.D.P.S. Act. Hence in view of the facts if he will be released on
bail, he will indulge in such crime again. There was no reason of
false implication of the applicant. Hence , he is not entitled for
bail.
Considering the aforesaid fact, without observation on merit, at
this stage, it is not a fit case for bail.
Accordingly, present bail application of Kamal Singh in Case
Crime No. 1413 of 2008, under Section 8/20 N.D.P.S. Act, P.S.
Pipraich, District Gorakhpur , is hereby rejected.
However, if trial is not concluded, trial Court is expected to
conclude the trial as expeditiously as possible, without
unreasonable delay and unnecessary adjournment, preferably
within six months.
Office to communicate this order to the Court concerned.
Order Date :- 23.7.2010/S.A.A.Rizvi