Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1928 of 2010 Petitioner :- Sundar Alias Chhotey Respondent :- State Of U.P. Petitioner Counsel :- Th. O.P. 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 learned counsel for the applicant that in the present
case, 16 grams smack, 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. The
applicant is not involved in any other case of N.D.P.S. Act. The
applicant is in Jail since2.11.2009.
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 Sundar Alias Chhotey involved in Case Crime No.528
of 2009, under section 21/22 N.D.P.S.Act, P.S. Panki, 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 :- 27.1.2010
vinay