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Judgment
Ravindra Maithani, J
Since both these bail applications arise from the same FIR, they are heard together and are being decided by this common order.
Delay in filing supplementary affidavits in BA1 No.530 of 2023 is condoned. Supplementary Affidavits are taken on record. Delay Condonation Applications IA No.2 of 2024 and IA No.3 of 2024 stand disposed of, accordingly.
Delay in filing supplementary affidavit in BA1 No.1275 of 2023 is condoned. Supplementary Affidavits are taken on record. Miscellaneous Application IA No.4 of 2024 and Delay Condonation Application IA No.5 of 2024 stand disposed of, accordingly.
Applicants Amaan Ansari and Waleem Ahmad are in judicial custody FIR/Case Crime No. 86 of 2023, under Section 8/22(C)/60 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Kotwali Gangnahar, Roorkee, District Haridwar. They have sought their release on bail.
Heard learned counsel for the parties and perused the record.
Learned counsel for the applicants would submit that in this case, chargesheet was submitted on 05.09.2023; charges were framed on 31.10.2023. It is submitted that PW1 was examined on 31.01.2024 and PW2 was examined on 09.08.2024. The applicants have never sought any adjournment in the case.
These factual aspects have not been denied by the learned State counsel.
It is a case pertaining to recovery of narcotic substances in commercial quantity and in such cases, Section 37 of the Act makes specific provisions. Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial.
The applicants are in custody for more than a year. In between, for more than six months, no progress was made in the case. The trial has yet not concluded. It commands the Court to release the applicants on bail.
Having considered the entirety of facts, this Court is of the view that the applicants deserve to be enlarged on bail.
The bail applications are allowed.
Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Court concerned.