High CourtsSingle Bench(2023) 12 UK CK 0141

Himmat Singh vs State Of Uttarakhand

Uttarakhand High Court · Decided on 19 December 2023

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2714 of 2023

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Judgment

9 paragraphs · 193 words

Ravindra Maithani, J

1.

Applicant Himmat Singh is in judicial custody in FIR No.0365 of 2023, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Doiwala, District- Dehradun. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 01.12.2023, 625 grams charas was allegedly recovered from the possession of the applicant.

4.

It is the case of the applicant that the FIR is completely fabricated and false; there has been non-compliance of the provisions of the Act; there is no public independent witness; he is not a previous convict.

5.

Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.

6.

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.

7.

The bail application is allowed.

8.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.