Counter affidavit filed today in court by learned A.G.A. on behalf of the State is taken on record.
This bail application has been moved on behalf of Pullu alias Phullu who is involved in Case Crime No. 792 of 2009, under Sections 8/21 of N.D.P.S. Act, Police Station Mehmoodabad, district Sitapur.
As per recovery memo dated 27.8.2009, the applicant was arrested by the police of Police Station Mehmoodabad, district Sitapur and on his search he was allegedly found in his possession 100 gms. of illicit smack. The recovery and arrest memo was prepared at the spot on the basis of which an F.I.R. was lodged at the police station.
I have heard learned counsel for the applicant as well as learned A.G.A.
It has been submitted from the side of the applicant that the applicant is in jail since 27.8.2009, that he is innocent and has committed no offence, that no illicit smack was recovered from his possession. It has been further submitted that the applicant has been falsely implicated in this case due to enmity with the police.
The bail application has been opposed by learned A.G.A. basically on the ground that there is a long criminal history against the applicant which is about 15 in number.
Only 100 gms. of illicit smack has been alleged to be recovered from the possession of the applicant which is much below the commercial limits. From the perusal of criminal history of the applicant filed from the side of the State it is evident that most of the cases relate to minor offences barring one which is under Section 307 I.P.C. which is of the year 1999. Except the case in hand, the applicant has not been alleged to be involved in any case under N.D.P.S. Act.
Considering all the aspects of the case and without expressing any opinion as to the merits of the case, I am of the view that the applicant should be released on bail.
Let the applicant, Pullu alias Phullu who is involved in Case Crime No. 792 of 2009, under Sections 8/21 of N.D.P.S. Act, Police Station Mehmoodabad, district Sitapur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the court concerned. Order Date :- 22.1.2010 S.B.