Criminal Misc. Bail Application for relief. The applicant challenged his detention in a drug case involving 150 grams of heroin. The court found it a fit case for enlargement and released the applicant on bail.
Released on bail by furnishing personal bond and two reliable sureties.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11292 of 2018
Applicant :- Sikander Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Dubey,Anand Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A., and perused the record.
This bail application has been moved by the applicant Sikander who is involved in Case Crime No. 273 of 2018, under Sections 18/20 NDPS Act, Police Station-Sector-20 Noida, District-Gautambudh Nagar.
As per prosecution version, 27.2.2018 at about 7:00 AM police has recovered 150 gram of heroin (smack).
Learned counsel for the applicant contended that there is no public witness of the recovery in question and the applicant has no criminal history except the present one.
Learned A.G.A., has opposed the prayer for bail.
The alleged recovered substance is below the commercial quantity.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Sikander , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Application stands allowed .
Order Date :- 28.3.2018 Jaswant
2 issues framed by the court
Whether the applicant is eligible for bail in cases involving petty quantity of heroin as per the disputed facts.
Whether the bail application is maintainable and warrants enlargement of the applicant.
2 provisions across 1 enactments
Sikander
UMESh CHANDRA TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
