Court No. - 29 Case :- BAIL No. - 6133 of 2010 Petitioner :- Vijay Pal @ Vijayee Respondent :- State Of U.P. Petitioner Counsel :- Rakesh Kumar Tripathi Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Counter affidavit is taken on record.
Heard learned counsel for the applicant, the learned Additional
Government Advocate and perused the F.I.R./Recovery Memo and
other relevant papers filed in support of the bail application.
Submission of the learned counsel for the applicant is that,as alleged,
diazepam powder weighing 150 grams was recovered from the
possession of the applicant, which is below the commercial quantity.
Learned counsel further submits that the accused applicant is innocent
and the recovery, as alleged, is fake and concocted. It is further
submitted that there was no public witness of recovery. It is also
submitted that the applicant has no previous criminal history, as averred
in para 9 of application. The applicant is in jail since 29.4.2010,as
averred in para 10 of the application.
Considering the facts and circumstance of the case, let the applicant be
released on bail in case Crime No.188 of 2010 u/s 21/22 N.D.P.S. Act
P.S.Raosa, District Sitapur, on his filing a personal bond and two
sureties each in the like amount to the satisfaction of the court
concerned/remand Magistrate.
Order Date :- 12.8.2010
kvg/-