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Judgment
9 paragraphs · 228 wordsRavindra Maithani, J
Applicant Mohd. Amir is in judicial custody in FIR No.0122 of 2021, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Banbhoolpura, District Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
This is the third bail application. The first bail application being BA1 No.1270 of 2021 was rejected on 15.11.2022 and the second bail application being BA2 No.55 of 2023 was rejected on 25.02.2023.
The instant bail application is on the health ground. According to the applicant, he is being treated with a complaint of bilateral leg swelling with pain, which is a problem generally associated with HIV AIDS. He is unwell, suffering from AIDS for a long. His health is being deteriorated day by day due to improper facility and care.
Learned State Counsel, under instructions, would submit that the applicant is unwell, suffering with AIDS. He is being given treatment.
Having considered, this Court is of the view that it is a case fit for bail and 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.