High Court of Judicature at Allahabad
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Subhash v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 12303 of 2006  RD-AH 11295 (11 July 2006)
Hon. (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Subhash arraigned in case Crime No. 499 of 2004 under section 18/20 NDPS Act, Police station Modinagar, district Ghaziabad.
Heard Sri B.N. Singh Rathor, learned counsel for the applicant, learned AGA and have perused the record.
Recovery of about 250 gram heroine is said to have been made from the possession of the applicant. About 500 gram heroine was also recovered from the desk board of car in which the applicant and co-accused were traveling. The car was said to be stolen property.
The learned counsel for the applicant submitted that co-accused Meenu has been granted bail by this Court by an order 28.2.2006 passed in Criminal Misc. Bail Application No. 12166 of 2006 and the case of the applicant stands at par with him. The learned counsel submitted that the applicant has been discharged by Special Judge NDPS Act for the offences punishable under section 41/102 Cr.P.C. and sections 411 and 414 I.P.C. relating to the recovery of car in which the applicant and co-accused are said to have aboard at the time of recovery of contraband. The learned counsel urged that the quantity of heroine seized is not mentioned after weighment. The learned counsel contended that there are no criminal antecedents of the applicant.
The learned AGA submitted that recovery of 250 gram heroine from the possession of each of the two accused persons and 500 gram from the desk board was made. According to the learned counsel the recovery of heroine more than small quantity was seized from the possession of the applicant and co-accused.
I have taken into consideration the submissions advanced on behalf of both the parties.
There are no public witnesses to the search and seizure. The applicant is in jail for more than two years. Quantity of heroine has not been mentioned in the recovery memo after weighment. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Subhash arraigned in case Crime No. 499 of 2004 under section 18/20 NDPS Act, Police station Modinagar, district Ghaziabad, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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