Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is contended by learned counsel for the applicant that in the present case 160 gram Diazepam has been recovered from the possession of the applicant. There is no compliance of Section-50 of NDPS Act. The prosecution story is not supported by any independent witness. The applicant is not involved in any other case under NDPS Act. The applicant is in Jail since 26-11-2009 Keeping in view the nature of the offence, evidence, complicity of the accused ,severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail Let the applicant Nate @ Ajaz Ahmad involved in Case crime no.1046 of 2009 under section 21/22 NDPS Act , Police Station Machhali Shahar, district Jaunpur 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:
` (i)The applicant shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour. In case of breach of any of the above mentioned conditions the court below shall be at liberty to cancel the bail.
Order Date :- 3.2.2010 IA