Manish Bisht Alias Manni vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Manish Bisht Alias Manni is in judicial custody FIR/Case Crime No. 0614 of 2021, under Section 8/20/29/60 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Patel Nagar, District Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

This is the second bail application. The first bail application, being BA1 No.506 of 2022, was rejected on 29.08.2022.

According to the case, on 23.11.2021, 1115 grams charas was recovered from the possession of the co-accused, who admitted that he would deposit the money in the account of the applicant.

Learned counsel for the applicant would submit that the applicant was arrested on 23.11.2021; chargesheet was submitted on 19.05.2022, but charges could be framed on 07.11.2022. It is submitted that so far, only two witnesses have been examined. It is submitted that PW1 was examined on 09.01.2023, which was concluded on 10.03.2023; PW2 was examined on 20.10.2023, which was concluded on 04.12.2023.

These factual aspects have not been denied by the learned State counsel.

It is a case pertaining to recovery of charas in commercial quantity and in such cases, Section 37 of the Act makes specific provisions. Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial.

The applicant is in custody for more than one year. In between, for more than six months, no progress was made in the case. The trial has yet not concluded. It commands the Court to release the applicant on bail.

Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.