Rakesh 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.21 of 2023, registered at Police Station Muni-Ki-Reti, District Tehri Garhwal for the offence under Section 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the allegations of the First Information Report, 460 grams of charas was recovered from the personal search of the applicant.

Heard Mr. Bharat Chaudhary, learned counsel for applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Mr. Bharat Chaudhary, Advocate, for the applicant has submitted that the applicant has been falsely implicated in the present matter; nothing was recovered from the possession of the applicant; the mandatory provisions of the said Act, 1985 have not been followed; applicant is in custody since 13.03.2023 and he has no criminal history.

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

As per the 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 Kg. 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 – Rakesh 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.