Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17324 of 2010 Petitioner :- Sanjay Kumar Gupta Respondent :- State Of U.P. Petitioner Counsel :- Ashok Kumar Singh Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant and the learned A.G.A.
It is contended by the learned counsel for the applicant that in the present
case, 70 grams intoxicating Codeine Phosphate, which is below the
commercial quantity, is alleged to have been recovered from the possession of
the applicant. There is no compliance of Section 50 of the N.D.P.S. Act. The
prosecution story is not supported by any independent witness. He further
submits that except one case, the applicant is not involved in any other case of
N.D.P.S. Act. The applicant is in Jail since 13.3.2010.
In view of the facts and circumstances of the case and submissions made by
learned counsel for the applicant, and without expressing any opinion on the
merits of the case, the applicant is entitled to be released on bail.
Let the applicant Sanjay Kumar Gupta involved in Case Crime No. 73 of
2010 under Section 21/22 N.D.P.S. Act, P.S. Collectorganj, District Kanpur
Nagar be released on bail on his furnishing a personal bond and two heavy
surety each in the like amount to the satisfaction of the Court concerned with
the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions, the court below shall be at
liberty to cancel the bail.
Order Date :- 8.7.2010
vinay