Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5439 of 2009 Petitioner :- Mukesh Kumar Misrha Respondent :- State Of U.P. Petitioner Counsel :- Poonam Dubey Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
List revised.
No one is present except learned A.G.A.
Heard learned A.G.A. and perused the record.
The present bail application has been filed in case crime No. 944
of 2008 under Section 8/21 NDPS Act, P.S. Dhaberua, District
Siddharth Nagar on the ground that nothing was recovered from
the possession of the applicant. He was going at the place of his
relative and when he reached near railway crossing, he was
stopped in which some hot talk took place. Hence the applicant
was falsely implicated showing the recovery of charas. There was
no compliance of mandatory provision of NDPS Act. The
applicant is in Jail since 20.12.2008. Hence he is entitled for bail.
The aforesaid prayer was opposed by learned AGA on the ground
that 1.600 Kg. Nepali charas was recovered from the possession of
the applicant. There was no reason of false implication. The
applicant was resident of Bihar and it appears that charas was
being supplied from Nepal. Charas was recovered from the bag of
the applicant. He is not entitled for bail.
In view of the submission made by the learned counsel for the
parties, without observation on merit, it is not a fit case for bail.
Accordingly the present bail is hereby rejected. However trial
court is free to proceed with the case and is expected to conclude
the trial expeditiously without unreasonable delay and unnecessary
adjournment.
Order Date :- 8.7.2010
prabhat