Sachin Prajapati vs State Of Uttarakhand

Alok Kumar Verma, J

The present bail application has been filed for regular bail in connection with the First Information Report No.132 of 2022, registered with Police Station Kankhal, District Haridwar for the offence under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the First Information Report, on 15.04.2022, 05 injections of Leegesic Buprenorphine, 02 ml, each, along with 01 syringe and 04 needles were recovered from the possession of the present applicant.

Heard Mr. Piyush Garg, the learned counsel for the applicant and Ms. Mamta Joshi, learned Brief Holder for the State.

Mr. Piyush Garg, the learned counsel for the applicant, submitted that applicant has been falsely implicated in this matter; nothing was recovered from the possession of the applicant; the mandatory provision of Section 50 of the said Act, 1985, was not followed; there was no public witness in the proceedings of the alleged recovery; the alleged recovered articles was non commercial; the applicant is a permanent resident of District Haridwar; he has no criminal history; he is in custody since 15.04.2022 and two co-accused persons have been granted bail by this High Court.

The learned counsel for the State opposed the bail application orally. However, she fairly conceded that the recovered contraband was non commercial and the applicant has no criminal history.

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 or trial 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 – Sachin Prajapati 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.