Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15034 of 2010 Petitioner :- Mohd. Parvez Alam Respondent :- State Of U.P. Petitioner Counsel :- Dinesh Bahadur Singh Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard, the learned counsel for the applicant, the learned AGA for the
State and perused the record.
The present bail application has been moved by the applicant Mohd.
Parvez Alam in case crime no.106 of 2010, under Sections 21/22 of
N.D.P.S. Act, P.S. Babupurwa, District-Kanpur Nagar, with a prayer that
he may be admitted to bail.
It is contended by the learned counsel for the applicant, that the
applicant is said to have been found in possession of 50 gm Diazepam
powder, of which no compliance of the mandatory provisions of the said
Act has been done at the time of alleged recovery. The recovered
contraband has not been sent for chemical examination and there is no
independent witness of the alleged recovery and the applicant has been
falsely implicated in the case. The applicant is in jail since 21.4.2010,
and in case he is enlarged on bail, he will not misuse the liberty of bail.
In view of the aforesaid facts and circumstances, without expressing any
opinion about the merits of the case, let the applicant, Mohd. Parvez
Alam involved in case crime no.106 of 2010, under Sections 21/22 of
N.D.P.S. Act, P.S. Babupurwa, District-Kanpur Nagar, be enlarged on
bail, on his executing a personal bond and furnishing two heavy sureties
each in the like amount to the satisfaction of the court concerned, with
the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In defiance of the above conditions, the prosecution would be at liberty to
move application for cancellation of bail.
Order Date :- 16.6.2010
AN