Court No. - 57
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 977 of 2018 Applicant :- Ramashankar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Prakash Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 557 of 2017, under Sections 8/20 NDPS Act, P.S. Kotwali Chunar, District Mirzapur.
As per the first information report, 32 kg and 300 grams of Ganja have been shown to be seized from the possession of the applicant. Learned counsel for the applicant submits that necessary compliance of Section 50 of NDPS Act has not been met in the present case which renders the entire seizure to be illegal, inasmuch as, there is no independent public eye witness account to the alleged seizure. Learned counsel for the applicant contended that the entire seizure is planted one. Further contention is that no lab report of the sample of recovered Ganja has been received till date. He further contends that applicant has no previous criminal history.
On contrary, learned AGA opposed the prayer for bail.
Considering the aforesaid submissions of learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Ramashankar Singh involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, lower court will be at liberty to cancel the bail.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 28.2.2018 IrfanUddin