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Balak Ram v. Union Of India Thru'C.B.I. Bareilly. - CRIMINAL MISC. BAIL APPLICATION No. 16381 of 2004 [2005] RD-AH 3 (1 January 2005)


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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

Dt. 16.9.2005



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