Amit Chandel vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No. 101 of 2023, under Section 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Piran Kaliyar, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

This is second bail application of the applicant. His first bail application was rejected on merits on 27.08.2024.

According to the FIR, narcotic substance in commercial quantity was allegedly recovered from the possession of the applicant on 05.03.2023.

It is argued that in the instant case, charge-sheet was submitted on 11.09.2023; charge was framed on 22.11.2023; PW1 was examined on 05.06.2024, but thereafter, no witness has been examined.

These facts are not disputed by the learned State counsel.

It is a case of recovery of commercial quantity of narcotic substance and in such cases Section 37 of the Act makes specific provisions. Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial.

The applicant is in custody for more than a year. For more than six months in between not even a single witness was examined.

Having considered the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

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