Court No. - 8 Case :- BAIL No. - 5000 of 2010 Petitioner :- Mushtaq Respondent :- State Of U.P. Petitioner Counsel :- Rashid Ahmad Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of the State today, is taken on record.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that the quantity of the
recovered Morphene was less than the commercial quantity and no public
witness was called at the time of the recovery. The Police has planted a fake
recovery.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Mushtaq involved in Crime No. 344 of 2010, under sections
8/21 of the Narcotics Drugs & Psychotropic Substance Act, P.S. Satrikh,
District Barabanki be released on bail on his furnishing a personal bond and
two sureties each in the like amount to the satisfaction of the Special Judge
concerned and also subject to the following conditions:
(a) the applicant will continue to attend the court concerned on the date fixed.
(b) the applicant will not tamper with the witnesses.
(c) the applicant will not indulge in any illegal activities during the period of
bail.
In case of breach of any of the above three conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 8.7.2010
shailesh