Saroj Yadav 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.331 of 2023, registered at police station S.I.D.C.U.L., District Haridwar under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “Act, 1985”).

As per the FIR, informant Inder Singh Gariya, Sub-Inspector, was busy in maintaining the peace. On suspicion, applicant was apprehended. Police party recovered 4 kg. 500 grams of Ganja from the bag of the applicant. He was arrested at 18:44 hours on 15.06.2023.

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

Mr. Gaurav Singh, Advocate, contended that the applicant is an innocent person. Nothing was recovered from his possession. The said recovery was planted. Applicant has no criminal history. Charge-sheet has already been filed, and, the alleged recovered contraband is non-commercial.

On the other hand, Mrs. Manisha Rana Singh, learned AGA for the State, has opposed the bail application. However, she submitted that charge-sheet has been filed and the applicant has no criminal history.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 1000 grams of Ganja is small quantity and greater than 20 kg. of Ganja is commercial quantity (Entry No.55).

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 – Saroj Yadav 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.