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Pradeep Milak v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 4156 of 2006 [2006] RD-AH 8144 (21 April 2006)


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Criminal Misc. Bail Application No.  4156  of      2006

Pradeep Malik    ...............               ...........            .....   ..                     Applicant


State of U.P.                           ...                        ...                     ...                   Opp. Party


Hon. G.P. Srivastva, J.

Heard learned counsel for the applicant and learned A.G.A.

According to the prosecution case on 7.10.05 in a jungle the applicant and one another Tarapad Rai were arrested and on their search one Kg. Charas was recovered from the possession of the applicant and 950 gms. charas was recovered from the possession of the co-accused. The recovery memo shows that from both the persons 16 small packs of Charas roped in green papers were recovered. The recovered articles were never weighed but the arresting Officer has assessed that about 1 Kg. Charas was recovered from the possession of the applicant and about 950 gms. Charas was recovered from the possession of the co-accused. I do not thing how the Arresting Officer would so accurately written the weight of Charas recovered from these two persons specially when 16 small packs each were recovered from their possession. I am of the view that there is nothing to prove that 1 Kg. Charas was recovered from the possession of the applicant. The recovery from the applicant may be below the commercial quantity and no criminal history has been assigned to him. The applicant deserves bail.

Let the applicant Pradeep Malik involved in case Crime No. 661/05 under section 8/18 N.D.P.S.Act P.S. Madhotanda District Pilibhit be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned.

Dt. 21.4.06



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