Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that the applicant is neither owner of the shop nor he was apprehended from inside the shop. In fact he is a student who has passed High School examination in year 2009. Since he was not feeling well on the relevant date i.e on 13.5.2010, hence he went for some medical aid. Medical shop was situated in front of District Hospital.It appears that shop owner succeeded to run away from the spot and applicant who was standing, was apprehended . He was kept at the police station. Subsequently, he was implicated in the present case. Even if the prosecution case is admitted, maximum imprisonment is three years. There is no criminal history of the applicant. However, he is in jail since 13.5.2010.
In view of aforesaid facts, without observation on merit, let the applicant namely, Nikhil Rai be released on bail in Case Crime No. 790 of 2010 under sections 18/27 Drugs and Consmetics Act and Section 420 I.P.C., P.S. Kotwali Padrauna, District Kushinagar on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned. Order Date :- 23.6.2010 S.A.A.Rizvi