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2015 DIGILAW 1098 (ALL)

Lal Singh Kamal v. State of U. P.

2015-05-05

ANJANI KUMAR MISHRA

body2015
JUDGMENT Anjani Kumar Mishra, J. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 2. It is contended by the learned counsel for the applicant that 200 gms. Charas is alleged to have been recovered from the possession of the applicant and as per definition of Narcotic Drugs given in the Act, the amount of recovered substance is less than commercial quantity. There is no independent witness of the alleged recovery. Learned counsel for the applicant further contended that mandatory provisions of N.D.P.S Act has not been complied with in the present case. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is further contended that the applicant has no criminal history and the applicant is in jail since 31.11.2014 and in case he is enlarged on bail, he will not misuse the liberty of bail. 3. Learned A.G.A. has opposed the prayer for bail. Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Lal Singh Kamal, involved in case crime No. 423 of 2014 under Sections 18/20 of N.D.P.S. Act, police station Sachendi, District Kanpur Nagar be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that: - 1.The applicant shall not tamper with the prosecution evidence; 2. The applicant shall not pressurize the prosecution witnesses; 3. The applicant shall appear on the date fixed by the trial court. 4. The applicant shall appear on 15th of every month before the police station concerned to show his good conduct and behaviour. In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.