Heard learned counsel for the applicant, learned A.G.A. and counsel and perused the record.
Learned counsel for the applicant submitted that the applicant was falsely implicated in the alleged recovery of 250 gram Charas. Though there was criminal history shown in the chart. However, in case crime no. 151 of 2006 under Cow Slaughter Act, Case Crime No. 117 of 2005 under N.D.P.S. Act, Case Crime No. 349 of 2007 under Section 308, 324, 504, 506 I.P.C. The applicant is on bail. In Case Crime No. 324 of 2006, under Section 379 I.P.C., the applicant was acquitted Case crime no. 61 of 2004 under Section 110 G.Cr.P.C. and two cases under the Gundas Act have already been finished. In another case crime no. 114 of 2009 and 1101 of 2001 under Section 379. The applicant has been released on bail. The applicant is in jail since 4.6.2009. However, even if the prosecution is admitted alleged recovery of 250 gram Charas was shown and the commercial quantity is 1 Kg. The learned AGA has opposed the bail application on the ground of that in the chemical examination report, the Charas was found. In view of the fact, without expressing any opinion on merit, let the applicant All Miya alias Guddu be released on bail, in case crime no. 178 of 2009, under Sections 8/20 N.D.P.S. Act, P.S. Lohamandi, District-Agra, on his furnishing a heavy personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 11.1.2010 Manoj