Gulnaaz vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed by the applicant for grant of regular bail in connection with First Information Report No. 180 of 2023, registered at police station Jaspur, District Udham Singh Nagar under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per FIR dated 16.05.2023, 7.45 grams of smack was recovered from the possession of the present applicant. She was arrested at 17.05 hrs on 16.05.2023.

Heard Mr. Anoop Jaiswal, learned counsel for the applicant and Mr. Deepak Bisht, learned Brief Holder for the State.

Mr. Anoop Jaiswal, Advocate, contended that the applicant has been falsely implicated in the present matter. She has not been convicted by any Court. She is in custody since 16.05.20203. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, she is a permanent resident of District Udham Singh Nagar.

On the other hand, learned counsel for the State has opposed the bail application.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 5 grams of smack is small quantity and greater than 250 grams of smack is commercial quantity (Entry No.56).

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 – Gulnaaz 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.