Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34632 of 2009 Petitioner :- Prem Pal Respondent :- State Of U.P. Petitioner Counsel :- Dr.Arun Srivastava Respondent Counsel :- Govt Advocate Hon'ble Vijay Kumar Verma,J.
1. Heard Dr. Arun Srivastava, learned counsel for the applicant and AGA
for the State.
2. 13 gms. smack is said to have been recovered from the applicant’s
possession on 27.07.2009.
3. The first and foremost submission made by learned counsel for the
applicant is that the quantity of smack, which is said to have been
recovered from the applicant’s possession, is below commercial
quantity.
4. Next submission made by learned counsel is that no such incident as
alleged had occured and the applicant has been falsely roped in this
case by the police.
5. It is also submitted that compliance of various provisions of NDPS
Act has not been made.
6. Having given my thoughful consideration to the submissions made by
the parties’ counsel and keeping in view all the facts and circumstances
of the case, without expressing any opinion on merit, the applicant
may be released on bail.
7. Let the applicant Prem Pal s/o Har Pal Kisaan be released on bail in
case crime no. 370 of 2009 under sections 8/21 NDPS Act, P.S.
Aliganj District Bareilly on his executing a personal bond of
Rs.30,000/- and furnishing two sureties each in the like amount to the
satisfaction of the Court concerned.
Order Date :- 19.1.2010
yachna