Ashu vs State Of Uttarakhand

Alok Kumar Verma, J

This is an Application for grant of regular bail in connection with the First Information Report No.404 of 2023, registered at police station Kotwali Laksar, District Haridwar under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

As per FIR, 12.05 grams of smack (Heroin) was recovered from the possession of the co-accused Shah Alam on 08.05.2023. Co-accused was arrested by the police party. He told the police that he sells smack with Ashu (present applicant), that is, his name has come to light from the confessional statement of the co-accused.

Heard Mr. Gaurav Singh, learned counsel for applicant and Ms. Manisha Rana Singh, learned AGA with Ms. Shivali Joshi, learned Brief Holder for the State.

Learned counsel for the applicant has submitted that the applicant has been implicated by the co-accused; applicant was not present at the spot; nothing was recovered from his possession; he has not been convicted by any Court; co-accused has been granted bail by this Court; applicant is in custody since 10.05.2023, and, he is a permanent resident of District Haridwar.

On the other hand, learned counsel for the State 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, 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 – Ashu 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.