Harpreet Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No.90 of 2023, registered at police station Chorgalia, District Nainital.

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

As per the First Information Report dated 20.12.2023, the police party recovered 32.2 gram Smack (Heroin) from the possession of the present applicant.

Heard Mr. Mani Kumar, Advocate for the applicant and Mr. Pratiroop Pandey, A.G.A. for the State.

Mr. Mani Kumar, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. Nothing was recovered from his possession. The alleged recovery was planted. Applicant does not have any criminal antecedents. He is a permanent resident of District Pilibhit (Uttar Pradesh), therefore, there is no chance of his absconding, and, the alleged recovered contraband is in non - commercial quantity.

Mr. Pratiroop Pandey, A.G.A. has opposed the Bail Application orally.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 5 grams of Smack (Heroin) 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, 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 – Harpreet Singh 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.