Mohd. Nadeem @ Raju Choura vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Mohd. Nadeem @ Raju Choura is in judicial custody in Case Crime No.134 of 2020, under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station-Shyampur, District- Haridwar. 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.1850 of 2022 was rejected on 01.05.2023.

According to the FIR, on 25.05.2020, police apprehended co-accused Beg Raj and Rahul Kumar, and recovered narcotic substances from their possession. They had revealed that they had purchased such substance from one Nazim Alias Rizwan of Fateh Ganj, Bareilly. It is the case of the prosecution that subsequently it was revealed that the applicant was also involved in this business of drugs and narcotic substances.

Learned counsel for the applicant would submit that the applicant is in custody, in the instant matter, since 2.6.2022; chargesheet was submitted on 20.08.2022, but till date, charges have not been framed and the applicant has never sought any adjournment.

Certified copy of the ordersheet has been filed by the applicant.

These facts are admitted by learned State Counsel.

It is a case pertaining to recovery of narcotic substances 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 a year. For more than 18 months, the trial has yet not progressed even slightly ahead. It commands the Court to release the applicant on bail.

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.