Asif S/o Laik vs State Of Uttarakhand

Alok Kumar Verma, J

This bail application has been filed for grant of regular bail in connection with FIR No.0501 of 2020, registered with Police Station Ramnagar,

District Nainital for the offence under Sections 8/20/60/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

On 25.09.2020, Sub-Inspector Anil Kumar Arya, informant of this matter, along with other police personnel were present for routine checking in the

area of Bhawaniganj, where he received a secret information that a person named Nasir is carrying Ganja on a bicycle and he can be apprehended, if

the raid is conducted. Accordingly, a raid was conducted. The co-accused Nasir Hussain was arrested by the police and 19.135 kilogram Ganja was

recovered from his possession. During interrogation, the co-accused Naseer Hussain made disclosure that the said recovered contraband belonged to

Asif, the present applicant.

Heard Mr. Mr. B.M. Pingal, learned counsel for the applicant and Mr. Ranjan Ghildiyal, learned A.G.A. for the State through video conferencing.

The learned counsel for the applicant submitted that the applicant is an innocent person; he has been implicated in this matter; no material is placed

to show that there was a conspiracy hatched between the present applicant and the co-accused Nasir Hussain; no evidence is produced to the effect

that the present applicant had abetted the co-accused Nasir Hussain; no contraband was recovered from the possession of the applicant; the applicant

was not present at the time of alleged recovery; he is in custody since 20.03.2021; the co-accused Nasir Hussain has already been granted bail; he is

a permanent resident of District Nainital and charge sheet has already been filed, therefore, there is no chance of tampering with the evidence.

The learned Counsel appearing for the State opposed the bail application and submitted that the mobile no. 7900855742 belonged to the co-accused

Nasir Hussain and mobile no. 7078928906 belonged to the present applicant and the co-accused Nasir Husain was in constant touch with the present

applicant.

The learned counsel for the applicant further submitted that no such evidence has been produced by the State that the mobile no. 7078928906

belonged to the present applicant.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article

21 of the Constitution of India. The object of keeping the accused person in detention during the investigation or trial is not punishment. The main

purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of the 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 merits 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 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 with the following conditions :-

i) The applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move the court for

cancellation of bail.