ANURAG NIGAM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and the learned Additional Government Advocate. Gone through the FIR, bail rejection order, counter and rejoinder affidavits exchanged between the parties and other documents annexed hereto. It is a case where two trucks of Bhang are said to have been confiscated for which the applicant has been challaned. Submission of learned counsel for the applicant is that the applicant has got nothing to-do with respect to the offence for which he has been challaned under the provisions of U.P. Excise Act and licence holder is Anil Kumar Nigam. Further submission of the learned counsel for the applicant is that sections mentioned in the FIR is triable by the Magistrate and the sentence provided thereunder is three years rigorous imprisonment. It is stated that the applicant is in jail since 02.01.2009. Taking into consideration overall aspects of the matter and without commenting any further on merit of the case, I find it a fit case for bail. Let applicant Anurag Nigam, accused of Case Crime No. 03 of 2009, under Sections 60(1)Ka(2)/63 U.P. Excise Act, police station Madiaon, district Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned.