High CourtsSingle Bench

Kuljeet Singh vs State Of Uttarakhand

Uttarakhand High Court · Decided on 4 February 2022 · Citation: (2022) 02 UK CK 0012

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 22
RESULT
Allowed
CASE NUMBER
Bail Application No. 199 Of 2022
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Judgment

20 paragraphs · 333 words

Alok Kumar Verma, J

1.

This bail application has been filed for grant of regular bail in connection with FIR No.10 of 2022, registered with Police Station Bazpur, District

Udham Singh Nagar for the offence under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

On 09.01.2022, the informant Vikram Singh Dhami, Sub-Inspector was busy in patrolling duty. He received a secret information. At this

information, the applicant was apprehended. At the spot 10.03 grams smack was recovered from his possession.

3.

Heard Mr. Lalit Sharma, the learned counsel appearing for the applicant and Mr. P.S. Uniyal, the learned Brief Holder appearing for the State

through video conferencing.

4.

Mr. Lalit Sharma, the learned counsel appearing for the applicant, submitted that the applicant has been falsely implicated; nothing was recovered

from his possession; the alleged recovered contraband is below the commercial quantity; there was no independent witness in the alleged recovery;

the applicant is a permanent resident of District Udham Singh Nagar; he has no criminal history and he is in custody since 09.01.2022.

5.

Mr. P.S. Uniyal, the learned Brief Holder appearing for the State, opposed the bail application. However, he fairly conceded that the applicant has

no criminal history.

6.

The object of keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the

attendance of the accused.

7.

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 merits of the case, this Court is of the view

that the applicant deserves bail at this stage.

8.

The bail application is allowed.

9.

Let the applicant Kuljeet 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.