Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2815 of 2010 Petitioner :- Sushil Kesarwani @ Pappu Respondent :- State Of U.P. Petitioner Counsel :- Anirudh Kumar Mishra 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, 9
1/2 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 in Jail since 13.11.09.
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 Sushil Kesarwani @ Pappu involved in Case Crime No. 371
of 2009, under section 8/22 N.D.P.S.Act, P.S. Sarai Inayat, District
Allahabad 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 :- 4.2.2010
vinay