Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20806 of 2010 Petitioner :- Shiv Govind @ Raju Jaiswal Respondent :- State Of U.P. Petitioner Counsel :- Abhishek Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard, the learned counsel for the applicant the learned AGA for the
State and perused the record.
The present bail application has been moved by the applicant Shiv
Govind alias Raju Jaiswal in case crime no. 422 of 2010, under Section
21/22 N.D.P.S. Act, P.S. Govind Nagar, district Kanpur Nagar with a
prayer that he may be admitted to bail.
It is contended by the learned counsel for the applicant, that the
applicant is said to have been found in possession of 25 gms. smack.
There is no independent witness of the alleged recovery and no
compliance of the mandatory provision of the Act has been done. The
applicant has no criminal history. He has been falsely implicated in the
present case. He is in jail since 30.6.2010.
Considering the facts and circumstances of the case and submission
made by the learned counsel for the applicant and without expressing
any opinion of the merits of the case, the applicant is entitled to be
released on bail.
Let the applicant Shiv Govind alias Raju Jaiswal involved in case crime
no. 422 of 2010, under Section 21/22 N.D.P.S. Act, P.S. Govind Nagar,
district Kanpur Nagar be enlarged on bail, on his executing a personal
bond and furnishing two heavy sureties each in the like amount to the
satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not indulge in any such activity in future.
(ii)The applicant will not pressurise/ intimidate the prosecution witnesses
and tamper evidence during trial.
(iii)The applicant will appear before the trial court on the date fixed.
In defiance of the above conditions, the prosecution would be at liberty to
move the application for cancellation of bail.
Identity, status and residence proof of the sureties be verified by the
authorities concerned before they are accepted.
Order Date :- 11.8.2010
Shahnawaz