In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2051 of 2018 Applicant :- Sushil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Kumar 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.200 of 2017, under Section 8/21/22 of NDPS Act, P.S. G.R.P. Ballia, District Ballia.
As per first information report, 110 grams of contraband (Alprozolam powder) has been seized from the possession of the applicant. Learned counsel for the applicant contended that entire seizure is planted one and he is not involved in the present case. It is contended that the alleged sample of seized contraband has been sent for examination to the Forensic Science Laboratory, and report of the same is still awaited. The applicant has no previous criminal history and he is in jail since 18.11.2017.
On contrary, learned AGA opposed the prayer for bail.
Considering the aforesaid submissions of learned counsel for the parties, and the fact that the applicant has no previous criminal history and that the contraband which is alleged to have been recovered is little more than the commercial quantity, I am of the view that the applicant is entitled for bail.
Let the applicant Sushil Kumar 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.
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 :- 23.3.2018 Sanjeev