Zhou Zhen Hong vs State of Uttarakhand

Dharam Veer, J.—Heard Mr. Navnish Negi, Advocate holding brief of Mr. Yogesh Pacholia, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State.

Learned Counsel for the accused applicant submitted that 600 gram Yarsa Gumbo has been shown to be recovered from the possession of the accused applicant on 26.7.2010 at 3.45 pm, but till date there is no report that the recovered material is actually Yarsa Gumbo. He further submitted that the applicant has got no previous criminal history, who is in jail since last more than one month and the trial is yet to start. He also submitted co-accused Mohd. Zishan has been granted bail by this Court vide order dated 10.9.2010 and the present accused applicant is also entitled for bail on the basis of parity.

Learned Addl. GA for the State submitted that the applicant is a foreign national and there is chance of his absconding and, therefore, in case his bail application is allowed, he may be directed to submit his passport first and only then his bail bonds may be accepted.

Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage.

Let the applicant Zhou Zhen Hong be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Almora. However, it is made clear that his bail bond and sureties shall only be accepted by the CJM, Almora if the present applicant accused deposits his passport first.

Bail application is allowed accordingly.