Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submitted that the applicant was falsely implicated in the present case showing the recovery of 5 kg ganja in which the applicant was released on bail. Subsequently unfortunately it was found that the father of the applicant was suffering from cancer and for treatment there was no option but to sell the house for treatment and after that he started living in a rented house. Thereafter the younger brother of the applicant fell down from the roof and he was paralysed. The children of the applicant as well as the younger brother are depend on the applicant. Due to aforesaid unfortunate reason the applicant could not appear before the court. He further contended that the applicant was not absconding. The applicant will co-operate in the trial if he is released on bail.
The aforesaid prayer was opposed by learned A.G.A. on the ground that the applicant was absconding since 1997 and only in month of May 2002 he was apprehended.
Considering the fact and circumstances of the case and without expressing opinion on merit at this stage, it is a fit case for bail.
Let the applicant be Sunil Kumar Jaiswal alias Munna Jaiswal enlarged on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 536 of 1996 under Section 8/20 N.D.P.S. Act PS Kitganj, District Allahabad.
If the applicant fails to appear before the court below on the date fixed, the court below will be free to cancel the bail. Order Date :- 22.6.2010 Rk