Sundar Singh Bisht Alias Deva vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.75 of 2023, registered at Police Station Lalkuan, District Nainital for the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘Act’, 1985).

As per the First Information Report, 16.3 grams of smack was recovered from the possession of the present applicant.

Heard Mr. Lalit Sharma, learned counsel for applicant and Mr. V.S. Rathore, learned A.G.A. for the State.

Learned counsel for the applicant has contended that the applicant has been implicated; nothing was recovered from his possession; he is in custody since 25.03.2023, and, he is a permanent resident of District Nainital.

Learned counsel for the State has opposed the bail application.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a), 5 grams of smack is small quantity and greater than 250 grams of smack is commercial quantity (Entry No.56).

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 – Sundar Singh Bisht alias Deva 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.