Shivam Gupta vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No.26 of 2024, under Sections 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Rajpur, District- Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 04.02.2024,, from the possession of the co-accused, smack, in less than commercial quantity, was recovered. He revealed that he would bring the smack from the applicant, who had introduced himself as Mohit.

Learned counsel for the applicant would submit that the applicant has been involved in the case merely based on the statement of the co-accused; there is no other material available against the applicant.

Learned State Counsel would submit that co-accused revealed the name of the applicant as the person from whom they had brought smack. He would submit that except the statement of the co-accused, there is no material against the applicant. Although, according to him, the applicant is involved in similar nature of five cases, though he admits that the applicant is not 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.