Citation : 2013 Latest Caselaw 2775 ALL
Judgement Date : 24 May, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- BAIL No. - 3077 of 2013 Petitioner :- Ramesh Saroj Respondent :- State Of U.P. Petitioner Counsel :- Narendra Mishra,K.P. Tripathi 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 six gram smack has been recovered from the possession of the applicant. The recovery is not supported by any independent witness. The recovered smack is below the commercial quantity. There is no compliance of section 50 of N.D.P.S. Act. The applicant is not involved in any other N.D.P.S. Act.
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 Saroj involved in case crime No. 487 of 2012 under section 21/22 N.D.P.S., P.S. Kotwali Nagar, District Pratapgarh 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 :- 24.5.2013
RPD
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