This is a criminal bail application under Sections 18 and 20 of the NDPS Act. The applicant was arrested for possession of charas. The court found it to be a fit case for bail and granted release on personal bond and sureties.
The applicant is released on bail on furnishing a personal bond and two reliable sureties of the like amount.
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Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3385 of 2018 Applicant :- Ashish Jaiswal Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Srivastava,Neeraj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Supplementary affidavit has been filed by learned counsel appearing on behalf of the applicant in the court today, the same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Ashish Jaiswal, who is involved in Case Crime No. 0132 of 2017, under Section 18/20 NDPS Act, Police Station - Badshahi Naka, District - Kanpur Nagar.
As per prosecution version, on 22.12.2017 at about 10.20 P.M., the applicant was arrested and 350 grams of 'charas' (a type of drug) was recovered from his possession.
It is contended by learned counsel for the applicant that there is criminal history of two cases in Case Crime No. 133 of 2012 under Sections 457, 380 IPC and in Case Crime No. Nil of 2012 under Section 41/411/414 IPC, in both of which he is on bail. The applicant is not named in the above two cases. Moreover, there is no public witness of the alleged recovery. The alleged recovered 'charas' is below the commercial quantity.
Per contra, learned A.G.A. has opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Ashish Jaiswal 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.
Accordingly, the instant bail application is allowed.
Order Date :- 9.3.2018 I. Batabyal
1 issue framed by the court
Whether the accused is a fit case for bail under the NDPS Act considering the circumstances of the case.
1 provisions across 1 enactments
Ashish Jaiswal
Umesh Chandra Tripathi
Batabyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
