Aman Faraz Alias Rafe vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed by the applicant for grant of regular bail in connection with the First Information Report No.546 of 2021, registered at Police Station Haldwani, District Nainital. Applicant is in judicial custody for the offence under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

As per the allegations in the First Information Report dated 10.10.2021, while informant Sub-Inspector Ravindra Singh Rana was on patrolling duty along with other police personnel, in order to maintain law and order, co-accused Vatslya Bisht was apprehended by the police party. At that time, he was sitting in a car. 51.15 grams smack was recovered from his car. At the time of the said recovery, co-accused Vatslya Bisht stated that he buys smack from the present applicant.

Heard Mrs. Sheetal Selwal, learned counsel for the applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State.

Mrs. Sheetal Selwal, Advocate, contended that applicant has been falsely implicated; nothing was recovered from his possession; he is a permanent resident of District Nainital; he has no criminal history; he is in judicial custody since 20.03.2023; the co-accused Vatslya Bisht has already been granted bail by this Court.

Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State, opposed the bail application. However, he fairly conceded that the co-accused has been granted bail by this Court and the applicant has no criminal history.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation or trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant Aman Faraz alias Rafe be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.