Chandrashekhar Pathak vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Chandrashekhar Pathak is in judicial custody in FIR No. 102 of 2024, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Mukhani, District Nainital. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 24.05.2024, 15.58 gms. Smack was allegedly recovered from the possession of the applicant.

It is the case of the applicant that it is a case of non-compliance of the provisions of the Act; he has falsely been implicated in the case; the allegedly recovered quantity is less than commercial; the applicant is not a previous convict.

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 in the like amount, to the satisfaction of the court concerned.