Heard the learned counsel for the applicant and the learned AGA and perused the record.
The prayer for bail has been made on behalf of the accused applicant Salim Khan @ Bambaiya in Case Crime No.589 of 2010 under section 8/20 of N.D.P.S.Act, P.S. Kotwali, district Shahjahanpur.
According to the prosecution case the applicant is said to have been caught by the police party with Charas measuring 400 Gms.
It is contended by the learned counsel for the applicant that the accused applicant Salim Khan @ Bambaiya has falsely been implicated in this case due to enmity with the police. False recovery has been planted against the applicant. There is no evidence to the effect that any measurement was done on the spot.It is also alleged that no public witnesses had been taken at the time of alleged recovery. No compliance of Section 50 of NDPS Act has been made. The alleged recovery is below the commercial quantity.
The learned AGA has opposed the bail application and argued that there is criminal history of the accused applicant. The record reveals that the other two offences, namely, firing on the police party and theft of the motorcycle relate to the same transaction.
Considering the facts and circumstances of the case and the nature of evidence available on record without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Slaim Khan @ Bambaiya involved in the aforesaid case crime be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned. Order Date :- 28.6.2010 Ak/