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Judgment
9 paragraphs · 226 wordsRavindra Maithani, J
Applicant is in judicial custody in Case Crime No.307 of 2022, under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station-Haldwani, District- Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 15.06.2022, police recovered narcotic substance in commercial quantity from co-accused Asif Ali. It is he, who revealed that he had brought the substance from the applicant, who happens to be his brother-in-law.
Learned counsel for the applicant would submit that the main accused, from whose possession allegedly the narcotic substances has been recovered, has already been granted bail; applicant is not a previous convict; the applicant has been implicated merely based on the statement of the co-accused; there is no other evidence against the applicant.
Learned State Counsel would submit that based on the statement of the co-accused, the applicant has been implicated in the case.
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 of the like amount, to the satisfaction of the court concerned.