Asif Ali vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Asif Ali is in judicial custody FIR/Case Crime No. 0307 of 2022, under Section 8/22/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Haldwani, District Nainital. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

Learned counsel for the applicant would submit that the applicant was arrested on 15.06.2022; chargesheet was submitted on 22.11.2022, but charges could be framed on 03.03.2023. It is submitted that so far, only one witness has been examined. It is submitted that PW1 was examined on 10.08.2023. The applicant has never sought any adjournment in the case.

These factual aspects have not been denied by the learned State counsel.

It is a case pertaining to recovery of narcotic substances in commercial quantity 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. In between, for more than six months, no progress was made in the case. The trial has yet not concluded. It commands the Court to release the applicant on bail.

Having considered the entirety of facts, this Court is of the view that 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.