Himanshu Bathla vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the First Information Report No.24 of 2023, registered at police station Kashipur, District Udham Singh Nagar under Section 8 read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

As per FIR dated 10.01.2023, informant Surendra Singh, Sub-Inspector, along with other police personnel was busy in maintaining peace. Three-four persons ran away after seeing the police. One person (present applicant) could be apprehended. Dicydomine Hydrochloride Tramadol Hydrochloride capsules and Alprazolam tablets were recovered from the polythene bag of the applicant. The said articles were sent to the Forensic Science Laboratory, Rudrapur, District Udham Singh Nagar for examination. As per laboratory’s report dated 26.06.2023, Tramadol and Alprazolam were not detected in the said articles.

Mr. Aditya Pratap Singh, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. Report of the Forensic Science Laboratory does not support the case of the prosecution. Applicant has no criminal history. He is in custody since 10.01.2023. He is a permanent resident of District Udham Singh Nagar, and, charge-sheet has already been filed.

Mr. V.S. Rathore, learned A.G.A., has opposed the bail application. He has submitted that sample of the recovered articles are sent to the Central Laboratory, Chandigarh. Report is awaited. Charge-sheet has already been filed. However, he has conceded that the report of the Forensic Science Laboratory, Rudrapur, District Udham Singh Nagar does not support the case of the prosecution.

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 applicant 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 applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant- Himanshu Bathla 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.