Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34163 of 2008 Petitioner :- Khem Raj @ Dharm Raj Kurmi Respondent :- State Of U.P. Petitioner Counsel :- Chandra Shekhar Kushwaha,A A Khan Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A and perused
the record.
Affidavit has been filed by Additional Superintendent of Police,
Maharajganj on behalf of Superintendent of Police, Maharajganj. It has
been stated in the affidavit that whenever the information was send by
office with the Government Advocate, regarding order of the court, the
letter was issued by the Superintendent of Police to Station Officer,
Police Station, Nichlaul, District-Maharajganj. Show cause notices
were issued on 12.1.2010. In view of the fact, the personal appearance
of the Additional Superintendent of Police, Mr. S. P. Upadhyaya and
Investigating Officer Ram Prakash are present.
Learned Counsel for the applicant submitted that as per chemical
examination report only 3.4% heroin was found. Hence the total heroin
alleged to have been recovered from possession of the applicant would
be 10.2 gram and the commercial quantity is 250 gram.
Learned A.G.A submitted that the small quantity is only 5 gram.
Counsel for the applicant further submitted that there is no criminal
history, the applicant was falsely implicated in the present case. Hence
from the total substance recovered from the applicant, there was only
10.2 gram heroin. However, he is in jail since 25.6.2008.
The applicant is resident of Nepal hence there is chances that after
release on bail, he may dis-appear and may not co-operate with the
trial.
In view of the aforesaid fact without expressing any opinion on
merit, let the applicant Khem Raj @ Dharm Raj Kurmi be released on
bail, in case crime no. 572 of 2008, under Sections 8/22/23 N.D.P.S.,
P.S. Nichlaul, District-Mahrajganj on his furnishing a personal bond
and heavy sureties each in the like amount to the satisfaction of the
court concerned on following condition:-
1. That the applicant will not tamper with the evidence.
2. That he will appear at Police Station-Nichlaul by 7th of each month
to show his good conduct and behaviour failing which his bail can be
cancelled.
Order Date:-27.1.2010
ANT