Allahabad High Court
Mukesh Saxena vs The State Of U.P. on 22 January, 2010
Author: Alok K. Singh
Bench: Alok K. Singh
Court No. - 28 Case :- BAIL No. - 4170 of 2009 Petitioner :- Mukesh Saxena Respondent :- The State Of U.P. Petitioner Counsel :- Mohd.Abid Ali,N.C. Upadhyay Respondent Counsel :- Govt.Advocate Hon'ble Alok K. Singh,J.
Heard the learned counsel for the applicant and learned A.G.A. and perused the record.
The applicant is involved in Case Crime No.676 of 2009, under Sections 8/18/21 N.D.P.S. Act, Police Station Kotwali District Sitapur.
As against the genuineness of the prosecution case and proposed evidence it is submitted that the alleged quantity of the recovered material is said to be of 1 Kg. of Opium and 250 grams of Smack. It is said that both the materials are below commercial quantity. There is no quarrel on this point from the side of learned A.G.A. It is further submitted that samples were sent to Chemical examination and on the basis of the report received from Vidhi Vigyan Prayogshala the percentage of morphine was found only 2.2% and when calculated it comes to 2.2 grams of morphine. With regard to Smack the percentage of morphine was found to be 2.2% which again according to calculation comes to only 5.5 grams of smack. It is said that both the alleged recovered material falls within the ambit of below commercial quantity. The applicant is said to be in jail from 25.03.2009 and has no criminal history to his credit. Lastly it is said that co-accused M/s Saroj and Himanshu Singh alias Taj Bux Singh having similar allegations against them, have already been enlarged on bail by this Court vide Annexure RA-1. There is no ground to deprive this applicant from being released on bail on the ground of parity itself.
The bail is however, opposed by learned A.G.A.
In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly considering the ground of parity I find it to be a fit case for granting bail. Let the applicant (Mukesh Saxena) be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.
Order Date :- 22.1.2010 PAL/