Ajeet vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Ajeet, who is in judicial custody in Case Crime No.150 of 2023 under Sections 20, 27 (a), 29, 8 of NDPS Act, Police Station Prem Nagar, District Dehradun, has sought his release on bail.

Learned counsel for the applicant/accused would submit that as per the prosecution story it is a joint recovery, but, the fact remains that the alleged backpack in which the alleged contraband was contained was on the shoulder of the co-accused and not in the physical possession of the present applicant/accused. She would further submit that there is no iota of evidence against the applicant/accused to scribe the knowledge to him that the backpack on the shoulder of co-accused was containing the alleged contraband, therefore, he is entitled to bail on this ground only.

Learned counsel for the applicant/accused would further submit that the applicant/accused is ready to furnish local sureties if he is released on bail.

Per contra, learned counsel for the State would submit that the applicant/accused and the co-accused are of the same village; that, the money was also recovered from possession of the applicant/accused; that, the applicant/accused and the co-accused were coming together; that, the applicant/accused give the statement to the police that they were carrying the contraband, however, he would fairly admit that there is no other evidence except this.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two local sureties in the amount of ₹ 1,00,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.