Heard learned counsel for the applicant and the learned AGA and perused the record.
The prayer for bail has been made on behalf of accused applicant Dinkar Nandan Dwivedi in Case Crime No. 790 of 2010, under Sections 420 IPC and 18/27 Drugs and Cosmetics Act, P.S Kotwali Padrauna, district Kushninagar.
It is contended by the learned counsel for the applicant that the accused applicant has falsely been implicated in this case. No recovery memo has been prepared on the spot. There is no specific mention of any drug recovered from the person of the applicant or alleged shop at the time of alleged raid. It is also contended by the learned counsel for the applicant that the co-accused has already been granted bail by this Court earlier.
The learned AGA has opposed the bail application.
Considered the submissions made by the learned counsel for the parties. There is no recovery memo on record alleged to have been prepared by the inspecting authorities on the spot. There is no specific mention of any kind of drug alleged to have been recovered from his possession. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Dinkar Nandan Dwivedi involved in the aforesaid criminal case be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Court concerned.
Order Date :- 28.6.2010 SFH