Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submitted that 250 gms. heroine is alleged to have been recovered from the possession of the applicant which is below the commercial quantity. There is no public witness of recovery. It was further submitted that the applicant has been falsely implicated by the police and there is no compliance of Section 50 of N.D.P.S. Act. There is a criminal history of two cases out of which the applicant has been acquitted in one case and the applicant is on bail in the second case.
Learned A.G.A. opposed the prayer for bail.
In view of the facts and circumstances of the case and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Gopi Sonkar @ Gopimal involved in Case Crime No. 239 of 2011, under Section 8/18/21 of N.D.P.S. Act, P.S. Kaiserbagh, District-Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 29.2.2012 Ashish Nayan