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Judgment
Ravindra Maithani, J
Applicant Ajim Alias Bablu is in judicial custody in FIR No.255 of 2023, under Sections 8, 21, 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Kichha, District- Udham Singh Nagar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 21.07.2023, 125.50 grams smack was allegedly recovered from the possession of the applicant.
It is the case of the applicant that he is innocent; nothing was recovered from him; there has been non compliance of the provisions of the Act; there is no independent witness; he has no previous criminal history.
Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.
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.
Let a certified copy of this order be supplied to learned counsel for the parties, today itself, on payment of usual charges.