Barkat Ali Zaidi, J.:— Accused-appellants Hariom Gupta and Bhanwar Singh were convicted by Addl. Sessions Judge, Fast Track Court No. 6, Kanpur Nagar in S.T No. 1 of 2001 under section 20-B (i)(c) N.D.P.S Act, by judgment and order dated 24.10.2007
2. Heard Sri R.S Tewari, advocate for the appellants and Sri N.D Rai, Addl. Government Advocate for the State, who has opposed the bail application, has not given any substantive reason why the ac cused should not be enlarged on bail. Charas allegedly recovered from their possession is below the commercial quantity prescribed under the Act. There is no question of the accused intermeddling the evidence because the trial is already over.
3. The consideration is that they might jump bail for that adequate security, can be demanded.
4. Counsel for the State also hinted on the possibility of recidivism. That is a possibility which may arise in all cases and that alone cannot be ground enough to thwart bail. The Administration can, how ever, keep a watch on their activities to avoid any such possibility. Bail, therefore, needs to be granted.
5. Accused-appellants, abovenamed, be released on bail on their each depositing a fine amount and furnishing a personal bond of Rs. 50,000/- each with two sureties in the like amount to the satisfaction of the Trial Court.
6. Bail Granted.