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Judgment
Alok Kumar Verma, J
These two Bail Applications have been filed for grant of regular bail in connection with Case Crime No. 274 of 2023, registered at police station Haldwani, District Nainital under Sections 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).
These two Bail Applications have arisen from one crime number i.e. Case Crime No. 274 of 2023. Therefore, these two Bail Applications are being considered and decided by this common order.
As per FIR, informant Pankaj Joshi, Sub-Inspector, was on patrolling duty along with other police personnel. Two persons (applicants) were coming on a scooty. They were apprehended. At that time, one polythene was thrown by the pillion rider (applicant-Mahipal). Police party recovered 138.81 grams of smack from the said polythene. They were arrested at 18.25 hrs on 26.05.2023.
Mr. Mani Kumar, learned counsel for the applicant- Gyan Prakash and Mrs. Sheetal Selwal, learned counsel for the applicant-Mahipal contended that the applicants have been falsely implicated in the present matter. Nothing was recovered from their possession. The said recovery was planted. The alleged recovered contraband is in non-commercial quantity, and, the applicants have no criminal history.
On the other hand, learned counsel for the State has opposed the bail applications. However, he fairly conceded that the applicants have no criminal history.
As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 5 grams of smack is small quantity and greater than 250 grams of smack is commercial quantity (Entry No.56).
Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicants behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicants deserve bail at this stage.
The Bail Applications are allowed.
Let the applicants – Gyan Prakash and Mahipal be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
A copy of this order be placed on the record of Bail Application No. 1460 of 2023.