Arguments Of Petitioner
Reasoning
Decision
Pradeep Sharma
v.
State Of Uttar Pradesh
(High Court Of Judicature At Allahabad)
Criminal Miscellaneous Bail Application No. 10618 Of 2009 | 07-08-2009
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by the learned counsel for the applicant that co-accused Rakesh has been allowed bail by this court and the case of the applicant stands on same footings. The applicant is in jail since 5.1.2009.
Learned A.G.A. contended that the applicant and co-accused were found manufacturing the drugs without obtaining valid license and license produced by the applicant was already expired.
Co-accused Rakesh has already been allowed bail and the case of the applicant stands on same footings.
Considering nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the court in support of the charge, the applicant is entitled to be released on bail.
Let the applicant Pradeep Sharma involved in case crime no. 16 of 2009, under sections 420 IPC, 7/16 P.F. Act and 18/27 Drugs and Cosmetic Act, P.S. Kotwali Hapur Nagar, District Ghaziabad be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned.
It is submitted by the learned counsel for the applicant that co-accused Rakesh has been allowed bail by this court and the case of the applicant stands on same footings. The applicant is in jail since 5.1.2009.
Learned A.G.A. contended that the applicant and co-accused were found manufacturing the drugs without obtaining valid license and license produced by the applicant was already expired.
Co-accused Rakesh has already been allowed bail and the case of the applicant stands on same footings.
Considering nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the court in support of the charge, the applicant is entitled to be released on bail.
Let the applicant Pradeep Sharma involved in case crime no. 16 of 2009, under sections 420 IPC, 7/16 P.F. Act and 18/27 Drugs and Cosmetic Act, P.S. Kotwali Hapur Nagar, District Ghaziabad be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned.
Advocates List
For the Petitioner Aditya Prasad Mishra and Manoj Vashistha, Advocates. For the Respondent Govt. Advocate.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE MR. B.N. SHUKLA
Eq Citation
2010 1 AWC 51 ALL
AIR 2010 ALL 3
1 (2010) BC 422
LQ/AllHC/2009/1428
HeadNote
Criminal Procedure Code, 1973 — S. 439 — Bail — Severity of punishment, nature of accusation and supporting evidence, reasonable apprehension of tampering of witnesses and prima facie satisfaction of court in support of charge — Applicability — Drugs and Cosmetic Act, 1940 — S. 18
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