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Judgment
9 paragraphs · 210 wordsRavindra Maithani, J
Applicant is in judicial custody in Case Crime No.174 of 2024, under Sections 8/21of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Gadarpur, District- Udham Singh Nagar. She has sought her release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 22.05.2024, 20 grams smack was allegedly recovered from the possession of the applicant.
It is the case of the applicant that there is no independent witness to the recovery; there has been non-compliance of the provisions of the Act; the alleged recovered quantity is less than commercial; she is not a previous convict.
Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant, but the applicant has been involved in similar nature of cases in the past.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
The bail application is allowed.
Let the applicant be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
