BA1/95/2016 of Ram Prasad Vs State Of Uttarakhand
Parties
- U. C. Dhyani, J (PETITIONER)
- Pal, AGA with Mr. Kuldeep Rawal, Brief Holder for the State (RESPONDENT)
Statutes cited (1)
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BA1 No 95 of 2016
U. C. Dhyani, J.
Mr. DCS Rawat, Advocate for the applicant.
Mr. VS Pal, AGA with Mr. Kuldeep Rawal, Brief Holder for the State.
Applicant- Ram Prasad seeks bail in connection with FIR no.70 of 2015, under Sections 302/201 IPC, Police Station Kunda, District Udham Singh Nagar. Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
An FIR was lodged against the applicant alleging therein that 0.28 grams of smack was allegedly recovered from the possession of the applicant. Learned counsel for the applicant contends that the small quantity of smack starts from 5 grams and the commercial quantity of smack starts from 250 grams. The quantity of smack i.e. 0.28 gram recovered from the applicant is lesser than the ‘small quantity’. The applicant is in jail since 09.06.2016.
Considering the above facts and circumstances, case of bail is made out in favour of the present applicant. The bail application is allowed.
Let the accused-applicant be released on bail on his executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of the court concerned.
Dated 16.08.2016 Rawat
(U. C. Dhyani, J.)