Rajendra Kumar Alias Gurudev Alias Mustafa vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No.13 of 2023, registered at police station Karnprayag, District Chamoli under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report, informant Meena, Sub-Inspector, along with other police personnel was busy in patrolling duty. Applicant was coming on a motorcycle. On suspicion, he was apprehended. The police party recovered 7.25 grams of smack (Heroin) from the personal search of the applicant. He was arrested at 22:45 hrs on 05.03.2023.

Mrs. Meena Bisht, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The said recovery was planted. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant is not a previous convict. He is a permanent resident of District Chamoli, therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

On the other hand, Mrs. Manisha Rana Singh, A.G.A., has opposed the bail application.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 5 grams of smack (Heroin) is small quantity and greater than 250 grams of smack is commercial quantity (Entry No.56).

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- Rajendra Kumar alias Gurudev alias Mustafa 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.