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Judgment
7 paragraphs · 210 wordsAlok K. Singh, J.
Heard the learned counsel for the applicant, learned A.G.A. and perused record.
The applicant is involved in Case Crime No.298 of 2009, under Section 8/20 N.D.P.S. Act, Police Station Safipur, District Unnao.
It is submitted on behalf of the applicant that the alleged recovered material does not fall within the ambit of commercial quantity and hence there is no role of Section 37 of N.D.P.S. Act in this case. The applicant is languishing in jail from 02.04.2009. There is no criminal history against him.
The bail is however, opposed by learned A.G.A.
The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Ram Ratan) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.