Anand Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed for regular bail in connection with the First Information Report No. 92 of 2023, registered at police station Raiwala, District Dehradun.

The applicant-Anand Kumar is in judicial custody for the offence under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the case of the prosecution, 207 grams of smack was recovered from the possession of the co-accused-Kapil Dev on 20.05.2023. At the time of his arrest, he had told the police that the said smack was given to him by his father-in-law Anand Kumar, the present applicant.

Heard Ms. Divya Jain, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

Ms. Divya Jain, Advocate, contended that the applicant, aged about 50 years, has been falsely implicated in the present matter. The name of the applicant has come in the confessional statement of the co-accused. No incriminating article has been recovered from his possession. He has been arrested for the offence under Section 29 of the Act, 1985, but, there is no evidence on record to substantiate the allegation of the prosecution. Applicant is in judicial custody since 27.09.2023. He is not a previous convict. He is a permanent resident of District Bijnor, Uttar Pradesh, and, co-accused-Kapil Dev has already been granted bail by this Court.

On the other hand, Mr. Rakesh Negi, learned Brief Holder has opposed the bail application orally.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found 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 – Anand Kumar 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.