Mohd. Tarik vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Mohd. Tarik is in judicial custody in FIR No.0313 of 2020, under Section 8/20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Khatima, District- Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

This is the fourth bail application. The first bail application, being BA1 No.362 of 2021, was dismissed as withdrawn on 27.07.2021. The second bail application, being BA2 No.162 of 2021, was dismissed in non-prosecution on 21.02.2022 and the third bail application, being BA3 No.4 of 2022, was dismissed on merits on 24.11.2022.

Learned counsel for the applicant would submit that the trial is much slow; the cognizance was taken in the matter on 06.03.2021; the applicant is in custody; he never sought any adjournment; charges were framed on 21.03.2023.

These facts are not denied to learned State Counsel.

It is the case of alleged recovery of commercial quantity of charas and smack. In such cases, bail is governed by the provisions of Section 37 of the Act, according to which, bail, in such matters, may not be granted unless the Court has reasonable ground to presume that the accused has not committed any offence or there are no chances of repeat offence. But then, this provision does not give liberty to the prosecution to keep a person behind bars for a long. In the instant case, for more than a year, charges were not framed. Trial is still underway.

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.