Heard learned counsel for the applicant, Sri Sanjay Kumar Singh, learned counsel for the opposite party and the learned A.G.A.
Counter affidavit filed today on behalf of opposite party may be taken on record.
It is contended by learned counsel for the applicant that recovery of Rs.530/- and two Railway tickets have been shown from the possession of the applicant and the recovery of Opium has been shown from the co- accused Suresh. It is further submitted that the case of the applicant is distinguishable from the case of other co- accused.. There is no compliance of Section 50 of the N.D.P.S. Act. The prosecution story is not supported by any independent witness. The applicant is not involved in any other case of N.D.P.S. Act. The applicant is in Jail since 15.7.2009.
The bail application is opposed by learned counsel for the complainant and the learned A.G.A.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant, and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Sudarshan Sab involved in Case Crime No. 01 of 2009, under section 8/18 and 8/29 N.D.P.S.Act, P.S. Central Narcotics Bearuo , District Bareilly be released on bail on his furnishing a personal bond and two local surety each in the like amount to the satisfaction of the Court concerned with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at liberty to cancel the bail.
Order Date :- 28.1.2010 IA