Heard learned counsel for the applicant and learned AGA for the State. Accused applicant has applied for bail in Case crime No.790 of 2010, u/s 420 IPC and 18/27 of Drugs and Cosmetics Act, P.S. Kotwali, District Kushi Nagar.
Learned counsel for the applicant has contended that the applicant Nand Lal Upadhyay has falsely been implicated in this case and nothing has been recovered from the possession of the applicant. No complaint has been filed against him under the Drugs and Cosmetics Act 1945 as prescribed by law. There is no evidence on record against the applicant. Learned AGA has opposed the prayer for bail of the applicant. Considered the submissions made by learned counsel for the parties and looking to the nature of allegations made against the applicant and the quantum of sentence provided for the same and the alleged procedural irregularity, without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Nand Lal Upadhyay involved in the above case crime 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 :- 29.6.2010 Gaurav