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Judgment
9 paragraphs · 241 wordsRavindra Maithani, J
Applicant is in judicial custody in Case Crime No.48 of 2024, under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Banbhulpura, District- Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 23.03.2024, from the possession of the co-accused Aman Siddiqui, 12.62 grams smack was allegedly recovered, who revealed that he had brought smack from the applicant.
Learned counsel for the applicant would submit that merely based on the statement of the co-accused, the applicant has been involved; nothing was recovered from the applicant; the applicant is not a previous convict; there is no material, which may connect the applicant with the alleged offence.
Learned State Counsel would submit that the co-accused named the applicant has the person from whom he brought the smack, but he admits that there is no other material available against the applicant; the applicant has a criminal history, though he is not a previous convict.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
The bail application is allowed.
Let the applicant 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.