High CourtsSingle Bench

Anand Alias Nanuwa vs State Of Uttarakhand

Uttarakhand High Court · Decided on 6 July 2023 · Citation: (2023) 07 UK CK 0035

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21, 29
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1539 Of 2023
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Judgment

9 paragraphs · 288 words

Alok Kumar Verma, J

1.

Present Bail Application has been filed in respect of the First Information Report No.163 of 2023, registered at police station Kichha, District Udham Singh Nagar under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

As per allegations of the First Information Report, three co-accused persons were arrested on 13.05.2023. Total 63 grams of smack were recovered from their possession. At the time of their arrest, they disclosed the name of the present applicant in their confessional statements. Applicant was arrested on 09.06.2023.

3.

Heard Mr. M.K. Ray, learned counsel for applicant and Mrs. Manisha Rana Singh, learned A.G.A. assisted by Mrs. Shewali Joshi, learned Brief Holder for State.

4.

Mr. M.K. Ray, Advocate, contended that the applicant was not present on the spot; nothing was recovered from his possession; he has been implicated by the co-accused persons; two co-accused persons have been granted bail by this Court; applicant has not been convicted by any Court, and, he is a permanent resident of District Udham Singh Nagar.

5.

Mrs. Manisha Rana Singh, A.G.A., has opposed the bail application.

6.

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.

7.

The Bail Application is allowed.

8.

Let the applicant- Anand alias Nanuwa 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.