Pawan vs State Of Uttarakhand

Alok Kumar Verma, J

The present Bail Application has been filed by the applicant for grant of regular bail in connection with the First Information Report No. 05 of 2023, registered with Police Station Kelakhera, District Udham Singh Nagar for the offence under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the Act, 1985”).

Heard Mr. Vikas Anand, learned counsel for the applicant and Mr. B.P.S. Mer, learned Brief Holder for the State.

According to the First Information Report, on 06.01.2023, 29.50 gram smack was recovered from the personal search of the present applicant – accused.

Mr. Vikas Anand, learned counsel for the applicant, submitted that the applicant has been falsely implicated in this matter. Nothing was recovered from his possession. The alleged recovery was planted. The mandatory provisions of the Act, 1985 were not followed. The applicant is in custody since 06.01.2023. He has no criminal history.

Mr. B.P.S. Mer, learned Brief Holder for the State, opposed the bail application.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.

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 Pawan 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.

Registry is directed to send a soft copy of this bail order immediately by e-mail to the applicant-accused through the concerned Jail Superintendant for necessary action.