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Judgment
14 paragraphs · 225 wordsRavindra Maithani, J
Applicant Nasir Ali @ Guddu, is in judicial custody, in FIR No. 437 of 2021, under Sections 8/21 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short, “the Actâ€), Police Station Lalkuan, District Nainital. He has sought his release on bail.
Heard learned counsel for the parties through video conferencing.
According to the case,106.90 grams of smack was recovered from the possession of the applicant.
Learned counsel for the applicant would submit that there is non-compliance of Section 50 of the Act. The applicant is not a previous convict and
he is in custody for a long.
Learned State counsel would admit that in the bail rejection order, there is no mention of the previous conviction or previous history of the applicant.
Having considered, under the facts and circumstances of the case, 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 Nasir Ali @ Guddu 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.
This bail order be forwarded to concerned Court as well as the concerned jail through e-mail also.