Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32963 of 2009 Petitioner :- Mahanand Kurmi Respondent :- State Of U.P. Petitioner Counsel :- Pradeep Kumar Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
eard learned counsel for the applicant and learned AGA for the State.
This is the second bail application who is accused in Case Crime No.166 of
2008 under Section 8/20 NDPS Act, P.S. Kotwali Sonauli, District
Maharajganj.
The first bail application was dismissed by me for want of prosecution.
Learned counsel for the applicant contended that although according to the
prosecution 442 gms of heroine was recovered from the possession of the
applicant but from the report of the chemical analyst dated 1.5.2009, (copy
whereof has been annexed as Annexure CA-1 of the counter affidavit) it is
apparent that in the entire substance recovered from the possession of the
applicant which was sent for chemical examination, the heroine contents were
found to be 1.4 gms which is below the commercial quantity as well as the
small quantity, thus the applicant cannot be convicted for an offence under
Section 8/20 for the alleged recovery of heroine from his possession. It has
also been contended that the applicant has no criminal history and he is in jail
since 17.3.2008 and thus he is entitled to be enlarged on bail.
The aforesaid factual aspects of the matter has not been disputed by learned
AGA.
Keeping in view the nature of offence, severity of punishment, reasonable
apprehension of tampering with the evidence, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case,
submissions made by the learned counsel for the applicant and without
expressing any opinion on the merits of the case, this Court is of the view that
the applicant is entitled to be enlarged on bail during the pendency of the
trial..
Let the applicant Mahanand Kurmi, involved in Case Crime No.166 of 2008
under Sections 8/20 NDPS Act, P.S. Kotali Sonauli, District Maharajganj be
released on bail on his executing a personal bond and furnishing two sureties
each in the like amount to the satisfaction of the court concerned subject to
the following conditions :-
1. The applicant shall record his attendance before the concerned CJM on
the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial Court will be at
liberty to cancel the bail.
Order Date :- 30.7.2010
Pk