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Balak Ram v. Union Of India Thru'C.B.I. Bareilly. - CRIMINAL MISC. BAIL APPLICATION No. 16381 of 2004  RD-AH 3 (1 January 2005)
Criminal Misc. (IInd)Bail Application No. 16381 of 2004
Balak Ram Vs. State of U.P.
Hon'ble Ravindra Singh,J.
Heard Sri R.K. Vaish learned counsel for the applicant and Sri Amrendra Nath Singh learned counsel for Union of India.
This is second bail application. Criminal Misc. First bail application No. 9079 of 2004 has been rejected on 23.7.2004 by Hon'ble R.S Tripathi,J.( now retired).
From the perusal of the record it reveals that the applicant was licensee of opium. He produced 5.100 k..g opium and instead of depositing the same, he deposited 950 grams opium. It is said that he has embezzled 4.150 k.g. opium.
It is contended by the learned counsel for the applicants that the alleged embezzled opium was not recovered from the possession of the applicant and there was miscalculation done by the authority concerned. It is opposed by the learned A.G.A.by submitting that there is an embezzlement of amount of opium
Considering the facts and circumstance of the case and the submission made by the learned counsel for the applicant and in view of the facts that no new good ground has taken by the applicant because all the grounds taken in the present application were considered properly at the time of disposal of the first bail application. However, without expressing any opinion on the merits of the case ,the applicant is not entitled for bail at this stage. Accordingly his bail application is rejected
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