Ajay Kumar @ Teepu vs State Of U.P.
2014 Latest Caselaw 7916 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- CRIMINAL APPEAL No. - 4049 of 2014
 

 
Appellant :- Ajay Kumar @ Teepu
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Rajeev Kumar Singh Parmar
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Akhtar Husain Khan,J.

Admit and register criminal appeal

Summon the records of trial court.

List after two months for hearing before appropriate Bench.

Heard learned counsel for the accused appellant as well as learned A.G.A. and perused record.

Learned Additional Sessions Judge, Court No.6, District  Farrukhabad vide impugned judgment and order dated 14.10.2014 passed in Special Case No.15 of 2008 related to Case Crime No.440 of 2007 under section 22 N.D.P.S. Act, Police Station  Kayamganj, District  Farrukhabad has convicted accused appellant Ajay Kumar @ Teepu  for offence punishable under section 22 N.D.P.S. Act and sentenced thereunder  to rigorous imprisonment  of four years with fine of Rs.10,000/-. Learned  trial court  further directed  that in default for  payment of fine accused appellant  shall go further imprisonment for four months.

It is alleged by learned counsel accused appellant that accused appellant  was on bail during trial  and quantity of smack alleged to have been recovered  from possession of accused appellant  is below commercial quantity.

Learned A.G.A. opposed bail application but conceded that accused appellant was on bail during trial and quantity of smack alleged to have been recovered from possession of accused  appellant is below commercial quantity.

Considering  whole facts and circumstances of the case as well as  nature of offence, I am of the view that  accused appellant  should be released on bail till disposal of appeal provided he deposits 50%  of fine awarded by trial court.

Bail application  is allowed. 

Accused appellant Ajay Kumar @ Teepu shall be released on bail till disposal  of this  appeal   on furnishing two sureties with personal bond  each of like amount   to the satisfaction of the trial court with condition that 50%  of fine awarded by trial court shall be deposited , if it has not already been deposited.

Order Date :- 30.10.2014

RU