Rakesh Koli vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in respect of First Information Report No.730 of 2022, registered at police station Rudrapur, District Udham Singh Nagar under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report dated 17.11.2022, 7 grams of smack (Heroin) was recovered from the possession of the applicant.

Heard Mr. Vikas Kumar Guglani, learned counsel for applicant and Mr. V.S. Rathore, learned A.G.A. for the State.

Mr. Vikas Kumar Guglani, Advocate has submitted that nothing was recovered from the possession of the applicant; he has not been convicted by any Court; he has been implicated in the present matter; he is a permanent resident of District Udham Singh Nagar; the alleged contraband is non-commercial, and, applicant is in custody since 17.11.2022

On the other hand, learned counsel for the State 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 – Rakesh Koli be released on bail on executing his personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.