Naresh Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.75 of 2023, registered at police station Kelakhera, District Udham Singh Nagar under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per FIR, 300 grams of charas was recovered from the possession of the present applicant and 200 grams of charas was recovered from the possession of the co-accused Virju Singh Alias Birju.

Heard Ms. Anju Mehta, learned counsel for applicant and Ms. Manisha Rana Singh, learned AGA with Ms. Shivali Joshi, learned Brief Holder for the State.

Learned counsel for the applicant has submitted that nothing was recovered from the possession of the present applicant; he has no criminal history; provisions of the said Act, 1985 were not followed; applicant is in custody since 01.06.2023; co-accused has been granted bail by this Court; applicant is a permanent resident of District Udham Singh Nagar and the alleged recovered contraband is non-commercial.

On the other hand, learned counsel for the State has opposed the bail application orally.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 100 grams of charas is small quantity and greater than 01 Kilogram of charas is commercial quantity (Entry No.23).

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

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