Vishal Chauhan 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. 403 of 2023, registered at police station Doiwala, District Dehradun. The present applicant is in judicial custody under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report dated 30.12.2023, police party recovered 51 grams Smack (Heroin) from the possession of the present applicant.

Heard Ms. Divya Jain, learned counsel and Ms. Shweta Jain, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Ms. Divya Jain, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The alleged recovery was planted. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant is in custody since 30.12.2023. He does not have any criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no chance of his absconding.

On the other hand, learned counsel for the State has opposed the bail application orally.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 5 grams of Smack (Heroin) is small quantity and greater than 250 grams of Smack (Heroin) 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, no reason is found 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 – Vishal Chauhan 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.