Inam vs State Of Uttarakhand

Alok Kumar Verma, J

This Bail application has been filed for grant of regular bail in connection with Case Crime No.789 of 2021, registered with Police Station Bhagwanpur, District Haridwar for the offence under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard Mr. Alok Kumar, the learned counsel for the applicant and Mr. Pratiroop Pandey, the learned AGA for the State.

The learned counsel for the applicant submitted that the applicant has been implicated in this matter; he is an innocent person; on a secret information, a co-accused was arrested. He mentioned the name of the present applicant; no evidence, regarding abatement or conspiracy, has been found during the investigation; charge-sheet has already been filed, therefore, there is no chance for tampering with the evidence; the applicant is in custody since 17.03.2022 and he is a permanent resident of District Haridwar.

Mr. Pratiroop Pandey, the learned AGA for the State opposed the bail application.

Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

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 Inam 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.