Prashant @ Mithun vs State of U.P.

Bala Krishna Narayana, J.—Heard learned Counsel for the Appellant and learned A.G.A. for the State.

The Appellant Prashant @ Mithun who was held guilty of charge u/s 18/20 of the N.D.P.S. Act and sentenced to under go 10 years rigorous imprisonment and a fine of Rs. 1 lakh and in default of payment of fine 2 years further imprisonment. by impugned judgment dated 03.12.2008 passed by Additional Sessions Judge Court No. 3 Kanpur Dehat in Session Trial 66 of 2007 arising out of Case Crime No. 256 of 2007, is seeking enlargement on bail during the pendency of the present appeal before this Cour It has been contended on behalf of the Appellant that according to the prosecution story 8 bars of charas weighing about 2 Kg. were recovered from the possession of the Appellant but sample was drawn only from one of the bar and thus there was no legally admissible evidence on record indicating that the remaining bars recovered from the possession of the Appellant were also contraband articles. He next contended that the aforesaid fact was admitted by P.W.-2 Raj Pal who is the investigating officer in his statement recorded before the trial and thus conviction of the Appellant u/s 20-b-ii of the N.D.P.S. Act can not be sustained.

He further submitted that the Appellant who is a student of B. Sc, second year, has no criminal antecedents to his credit.

He next contended that the applicant is in jail since 04.09.2007 and was on interim bail for six months and there is no instance of misuse of liberty of bail by the Appellant, hence the Appellant is entitled to be enlarged on bail during the pendency of the appeal.

Per contra learned A.G.A. made his submission opposing the prayer for bail.

After having considered the nature of submissions made on behalf of the learned Counsel for the parties and perused the record and the fact that the Appellant was on interim bail for six weeks during the pendency of the trial and there is no instance of misuse liberty of bail by the Appellant and the fact that the applicant has no criminal antecedents to his credit, this Court is of the view that the Appellant is entitled to be enlarged on bail during the pendency of the appeal.

Let the Appellant Prashant @ Mithun be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Session Trial No. 66 of 2007 arising out of Case Crime No. 256 of 2007 State v. Prasant @ Mithun, under Sections 18/20 of the N.D.P.S. Act. P.S. Roora District Kanpur Subject to the Appellant depositing an amount of Rs. 25,000/-, the recovery of the remaining amount shall remain stayed.