Ramesh Mishra vs State Of U.P.
2013 Latest Caselaw 2524 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 987 of 2013
 

 
Petitioner :- Ramesh Mishra
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Suresh Singh
 
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 50 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 has been falsely implicated  only because he was implicated in some other cases in which he has been released on bail. The applicant is in jail since 20.6.2012.

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 Ramesh Mishra involved in case crime No. 246 of 2012 under section 8/21 NDPS Act, P.S. Shivgarh, District Raebareli 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 :- 22.5.2013

RPD