Court No. - 32 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16084 of 2010 Petitioner :- Salim Khan @ Bambaiya Respondent :- State Of U.P. Petitioner Counsel :- Pawan Kumar Dubey Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The prayer for bail has been made on behalf of the accused applicant Salim
Khan @ Bambaiya in Case Crime No.589 of 2010 under section 8/20 of
N.D.P.S.Act, P.S. Kotwali, district Shahjahanpur.
According to the prosecution case the applicant is said to have been caught by
the police party with Charas measuring 400 Gms.
It is contended by the learned counsel for the applicant that the accused
applicant Salim Khan @ Bambaiya has falsely been implicated in this case
due to enmity with the police. False recovery has been planted against the
applicant. There is no evidence to the effect that any measurement was done
on the spot.It is also alleged that no public witnesses had been taken at the
time of alleged recovery. No compliance of Section 50 of NDPS Act has been
made. The alleged recovery is below the commercial quantity.
The learned AGA has opposed the bail application and argued that there is
criminal history of the accused applicant. The record reveals that the other
two offences, namely, firing on the police party and theft of the motorcycle
relate to the same transaction.
Considering the facts and circumstances of the case and the nature of
evidence available on record without expressing any opinion on the merits of
the case, the applicant is entitled to be released on bail.
Let the applicant Slaim Khan @ Bambaiya involved in the aforesaid case
crime be released on bail on his executing a personal bond and furnishing two
sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 28.6.2010
Ak/