Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35048 of 2009 Petitioner :- Vijay Dutt Dubey Alias Rinku Dubey Respondent :- State Of U.P. Petitioner Counsel :- S.K.Sharma Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
It is contended by learned counsel for the applicant that in the present
case 160 gram Nasheela Powder and 10 Tablets Diazapam has
been recovered from the possession of the applicant. There is no
compliance of Section-50 of NDPS Act. The prosecution story is not
supported by any independent witness. Prior to this case there is no
other case against the applicant under NDPS Act. The applicant is in
Jail since 07-11-2009
Keeping in view the nature of the offence, evidence, complicity of the
accused ,severity of punishment and submissions of the learned
counsel for the parties, I am of the view that the applicant has made out
a case for bail
Let the applicant Vijay Ditt Dubey alias Rinku Dubey involved in
Case crime no.716 of 2009 under section 21/22 NDPS Act , Police
Station G.R.P., district Kanpur Nagar be released on bail on his
furnishing a personal bond and two sureties each in the like amount to
the satisfaction of the Court concerned.
Order Date :- 5.1.2010
IA