BA1/1330/2002 of SANJAY Vs STATE on 20 December 2002

IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL

Original Jurisdiction

Dated: Nainital the 20[th]day of 2002 , 2002

Criminal Misc. Bail Application Number

1330 of 2002

Order on the Bail Application

CRIMINAL SIDE

Sanjay son of Sri Hukam Chandra Goswami, r/o Mohalla Thanasabik, P.S. Kashipur, District Udham Singh Nagar.

………………..…..Applicant(s)

Versus

State of Uttaranchal. Arising out of - Case Crime no. 1436 of 2002, Under Section 18/20 N.D.P.S. Act, P.S. Kashipur District Udham Singh Nagar

……………...……....……..Opposite Party

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By the Court

Hon’ble Irshad Hussain, J.

Heard the learned counsel for the applicant and the learned A.G.A.

Applicant-accused was found in possession of poppy husk which is less then the commercial quantity. Perused the copy of the memo. of recovery.

Considering the quantity and no previous conviction and the facts and circumstances of the case, there are reasonable grounds to accept at this stage the arguments that the applicant has not committed the offence and there is no likelihood of his engaging himself in similar activity, if release on bail. In my opinion it is a fit case for bail.

applicant has not committed the offence and there is no likelihood of his engaging himself Let the applicant Sanjay son of Sri Hukam Chandra Goswami, r/o Mohalla Thanasabik, P.S. Kashipur, District Udham Singh Nagar be released on bail in case crime no. 1436 of 2002, under section 18/20 N.D.P.S. Act, P.S. Kashipur, District Udham Singh Nagar on his filing a personal bond and adequate sureties to the satisfaction of Special Judge, Udham Singh Nagar.

(Irshad Hussain, J.)