Criminal Misc. Bail Application No. 409071 of 2014 Learned AGA has filed counter affidavit on behalf of the State. The same may be taken on record.
Heard learned counsel for the applicant/appellant, learned AGA for the State and perused the record.
Learned counsel for the applicant/appellant has submitted that the accused-applicant has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 Lac with default clause; that the accused-applicant is in jail for the last about 5 and a half years thus he has suffered more than half of the imprisonment awarded to him by the trial court; that only 1 kg and 125 gms Charas is said to have been recovered from the possession of the accused-applicant; that in case of Charas the commercial quantity is above 1 kg so the said contraband is not much above the commercial quantity; that no compliance of section 50 N.D.P.S Act has been complied with; that the accused-applicant was arrested from his house and had been falsely implicated in this case and in that regard two witnesses have been examined by the accused-applicant in the trial court; that the accused-applicant has no previous criminal history and that there is no likelihood of this appeal being heard in near future, so he should be enlarged on bail during the pendency of this appeal.
Per contra, learned A.G.A. has opposed the prayer for bail and has further submitted that there is evidence against the applicant/appellant to prove his guilt, so he should not be enlarged on bail.
Having considered the rival submissions made by learned counsel for the parties and perused the material brought on record, this Court is of the view that applicant/appellant is entitled to be released on bail during the pendency of this criminal appeal.
The bail application is, accordingly, allowed.
Let the applicant/appellant Pradeep @ Sonu Dubey be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned in S.T. No. 1498 of 2010 ( State Vs. Pradeep @ Sonu Dubey) arising out of case crime no.86 of 2010, under Section- 20(b) 11(c) NDPS Act, P.S- Beconganj, District- Kanpur Nagar.
On depositing 1/4th of the total fine by the applicant/appellant in the court concerned, the realization of the rest amount of the fine shall remain stayed during the pendency of this appeal.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Let the paper book be prepared.
List this appeal for hearing in due course.
Order Date :- 1.2.2016 P/K