Bachcha Ram Yadav vs State Of U.P.
2013 Latest Caselaw 2474 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2870 of 2013
 

 
Petitioner :- Bachcha Ram Yadav
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Santosh Kumar Srivastava
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.

It is contended by learned counsel for the applicant that  according to the prosecution version 190 gram Smack has been recovered from the possession of the applicant. The recovery is not supported by any independent witness. There is no compliance of section 50 of N.D.P.S. Act. The applicant is not involved in any other case of N.D.P.S. Act. The recovery is below the commercial quantity.

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 Bachcha Ram Yadav involved in case crime No. 415 of 2012 under section 8/21 N.D.P.S Act, P.S. Kotwali Akbarpur, District Ambedkar Nagr be released on bail on his furnishing personal bond and two heavy sureties to the satisfaction of the court concerned with the followings conditions:

*That the applicant shall not tamper with the evidence.

**That he shall report to the court of C.J.M. concerned in the first week of the each  month to show his good conduct and behaviour till the conclusion of the trial.

In case of default in any of the above mentioned conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 21.5.2013

RPD