High CourtsSingle Bench

Mohd. Shahrukh vs State Of Uttarakhand

Uttarakhand High Court · Decided on 8 September 2022 · Citation: (2022) 09 UK CK 0052

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21, 29
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2033 Of 2022
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Judgment

9 paragraphs · 210 words

Ravindra Maithani, J

1.

Applicant-Mohd. Shahrukh is in judicial custody in FIR/Case Crime No. 0077 of 2022, under Section 29 read with Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Pulbhatta, District Udham Singh Nagar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 04.06.2022, 77 grams smack was allegedly recovered from the two co-accused persons, who after arrest revealed that, they had brought the smack from the applicant.

4.

It is the case of the applicant that the smack was not recovered from him. He has been implicated merely on the basis of suspicion. The story is false. He is innocent and he has no criminal history.

5.

Learned State Counsel would submit that bail rejection order does not reveal any previous conviction of the applicant.

6.

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.

7.

The bail application is allowed.

8.

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.