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Judgment
20 paragraphs · 333 wordsAlok Kumar Verma, J
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.
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.
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.
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.
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.
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.
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.
The bail application is allowed.
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.
