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Santosh @ Santey v. State Of U.P. - CRIMINAL APPEAL No. 952 of 2007  RD-AH 2377 (13 February 2007)
Hon'ble M. K. Mittal, J.
This appeal has been filed by Santosh @ Santey against the judgement and order dated 5.4.2007 passed by Addl. Sessions Judge, Court No. 2, Mahoba in S. T. No. 55 of 2002 whereby the appellant has been found guilty and convicted under Section 15(b) of N.D.P.S. Act and has been sentenced to undergo rigorous imprisonment up to four years and fine has also been imposed on him with default stipulation.
Heard learned counsel for the appellant, learned A.G.A. and perused the record.
Appellant is alleged to have been found in possession of 250 gram of Donda powder.
Learned counsel for the appellant has contended that there is no criminal history against the appellant and he is not likely to commit any such offence in future.
Considering the facts and circumstances of the case but without prejudice to the merits of the case, appellant be released on bail during the pendency of the appeal on his furnishing a personal bond with two sureties each of like amount to the satisfaction of the Court concerned and also on depositing the amount of fine as imposed on him within a month from today and failing it he shall be committed to custody. He shall also give an undertaking that he will not indulge in any criminal or antisocial or drug trafficking activity and if any report is found against him, it shall be open for the court below to report to this court so that his bail may be cancelled.
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