High Court of Judicature at Allahabad
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Sheelu Lohar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11223 of 2006  RD-AH 11898 (20 July 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Sheelu Lohar indicted in case crime No. 872 of 2006 under sections 8/20 of N.D.P.S. Act P.S. Kotwali District Jhansi.
Heard Shri Rajiv Lochan Shukla and Shri Rajiv Pandey, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that 360 gm. Charas is said to have been recovered from the possession of the applicant. The learned counsel argued that there are no public witnesses to the recovery and compliance of provisions of section 50 of N.D.P.S Act was not made. The learned counsel argued that the applicant is on bail in all the previous criminal cases.
The learned A.G.A. submitted that applicant being a man of criminal antecedent he will commit other offences if released on bail.
I have taken into consideration the submissions advanced on behalf of both the parties.
The quantity of Charas seized is less than commercial quantity. There are no public witnesses to the recovery. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Sheelu Lohar indicted in case crime No. 872 of 2006 under sections 8/20 of N.D.P.S. Act P.S. Kotwali District Jhansi, be enlarged 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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