Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that the applicant was neither owner of the shop nor he was apprehended from inside the shop. He is not resident of that area. Along with his family, he visited at house of his relative, since wife of the applicant fell ill, hence he went for medical aid in the District Hospital. Merely, he was present in front of the District Hospital. He was falsely implicated along with other co-accused. Medical shop was situated in front of District Hospital. It appears that a shop owner succeeded to run away from the spot and applicant was standing and he was apprehended. C0-accused Nikhil Rai has been released on bail by this Court on 23.6.2010 in Criminal Misc. Bail Application No. 15802 of 2010. However, the applicant is in jail since 13.5.2010.
In view of aforesaid facts, without observation on merit, let the applicant namely, Abhai Rai be released on bail in Case Crime No. 790 of 2010 under sections 18/27 Drugs and Consmetics Act and Section 420 I.P.C., P.S. Kotwali Padrauna, District Kushinagar on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned. Order Date :- 25.6.2010 S.A.A.Rizvi