Court No. - 32 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16089 of 2010 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. Petitioner Counsel :- P. Maurya 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 Sanjay
Kumar in Case Crime No.790 of 2010, under section 420 I.P.C. and 18/27 of
Drugs and Cosmetics Act, P.S. Kotwali Padrauna district Kushinagar.
It is contended by the learned counsel for the applicant that the accused
applicant has falsely been implicated in this case. No recovery memo has been
prepared on the spot. There is no specific mention of any drug recovered from
the person of the applicant or alleged shop at the time of alleged raid. It is also
contended by the learned counsel for the applicant that the co-accused has
already been granted bail by this Court earlier.
The learned AGA has opposed the bail application.
Considered the submissions made by the learned counsel for the parties.
There is no recovery memo on record alleged to have been prepared by the
inspecting authorities on the sport. There is no specific mention of any kind of
drug alleged to have been recovered from his possession. Without expressing
any opinion on the merits of the case, the applicant is entitled to be released
on bail.
Let the applicant Sanjay Kumar involved in the aforesaid criminal case 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/