Anand Kumar Dev vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed for regular bail in connection with the First Information Report No. 214 of 2023, registered at police station Raiwala, District Dehradun.

The First Bail Application (No. 2616 of 2023) was dismissed as withdrawn on 17.01.2024 by granting liberty to file a fresh Bail Application.

The applicant is in judicial custody under Section 8 read with Section 21 (c) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The case of the prosecution is that Sub-Inspector Satyendra Singh along with other police personnel was busy searching for narcotics on 26.09.2023. A secret informer informed him at 15:50 hrs that one Anand Kumar coming with Smack. After receiving the said information, Sub-Inspector Satyendra Singh informed the Circle Officer of Police Vivek Kumar on his mobile phone no. 7428417173 at 14:59 hrs and requested him to come to the spot. Applicant was apprehended at 17:30 hrs. Mr. Vivek Kumar, the Circle Officer, reached at 17:55 hrs.256 grams of smack was recovered from the applicant’s bag.

Heard Ms. Divya Jain, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the State.

It has been contended by Ms. Divya Jain, Advocate, that it is not possible that Mr. Vivek Kumar, the Circle Officer, could have been informed before receiving information from the police informer that the applicant was carrying smack. She further contended that there is no independent witness to the alleged recovery and no witness has yet been examined by the prosecution while the applicant is in custody since 26.09.2023. All these facts indicate that the applicant has been falsely implicated in the present matter.

Ms. Divya Jain, Advocate, further argued that the applicant does not have any criminal antecedents, and, he is a permanent resident of District Bijnor (Uttar Pradesh), therefore, there is no chance of his absconding.

On the other hand, Mr. Pratiroop Pandey, learned A.G.A., has opposed the bail application. However, he conceded that Mr. Vivek Kumar, the Circle Officer, was informed at 14.59.33 hrs, but, it has been submitted by him that by mistake the time of information given by the informer has been typed as 15:50 hrs. He has also conceded that the prosecution has not yet examined any witness.

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 Dev 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 on the following conditions:-

i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the court for cancellation of bail.