Court No. - 39 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15802 of 2010 Petitioner :- Nikhil Rai Respondent :- State Of U.P. Petitioner Counsel :- Rakesh Pande Respondent Counsel :- Govt Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the
State and perused the record.
Learned counsel for the applicant contended that the applicant is
neither owner of the shop nor he was apprehended from inside the
shop. In fact he is a student who has passed High School
examination in year 2009. Since he was not feeling well on the
relevant date i.e on 13.5.2010, hence he went for some medical
aid. Medical shop was situated in front of District Hospital.It
appears that shop owner succeeded to run away from the spot and
applicant who was standing, was apprehended . He was kept at the
police station. Subsequently, he was implicated in the present case.
Even if the prosecution case is admitted, maximum imprisonment
is three years. There is no criminal history of the applicant.
However, he is in jail since 13.5.2010.
In view of aforesaid facts, without observation on merit, let the
applicant namely, Nikhil Rai be released on bail in Case Crime
No. 790 of 2010 under sections 18/27 Drugs and Consmetics Act
and Section 420 I.P.C., P.S. Kotwali Padrauna, District Kushinagar
on his furnishing a personal bond with two sureties each in the like
amount to the satisfaction of the Court concerned.
Order Date :- 23.6.2010
S.A.A.Rizvi