ABDUL AZEEZ Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER and rejoinder affidavits filed today are taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.436 of 2009, under Sections 8/18/21 N.D.P.S. Act, Police Station Gomti Nagar, District Lucknow. As against the complicity of the applicant it is submitted that the alleged recovered material does not fall within the ambit of commercial quantity. It falls in the medium quantity. It is further contended that in fact the applicant had a fruit juice shop at a Thela near Fun Cinema Hall but the police officials of Police Station Gomti Nagar used to drink everyday free of cost. They also used to extra money from the applicant on monthly basis to keep his Thela near Fun Cinema Hall. This averment has not been controverted. In the counter affidavit it has been merely said that this para needs no comments. Similarly it is claimed that there is no criminal history against him and this averment has also not been controverted. He is said to be in jail for the last more than two months. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the alleged recovered quantity and also taken into consideration the uncontroverted averments, I find it to be a fit case for granting bail. Let the applicant (Abdul Azeez) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.