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Judgment
Alok Kumar Verma, J
This Bail Application has been filed by the applicants-accused Smt. Kiran alias Nanhi, aged about 23 years, and Smt. Chanda, aged about 30 years, for grant of regular bail in connection with First Information Report No. 163 of 2023, registered at police station Kichha, District Udham Singh Nagar under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘Act, 1985’).
As per FIR, 27.20 grams of smack (Heroin) and 18.60 grams of smack were recovered from the possession of the applicants- Smt. Kiran alias Nanhi and Smt. Chanda respectively on 13.05.2023.
Heard Mr. M.K. Ray, learned counsel for the applicants and Mr. Pramod Tiwari, learned Brief Holder for the State.
Mr. M.K. Ray, Advocate, contended that nothing was recovered from the possession of the applicants; mandatory provisions of the Act, 1985 were not followed; applicants have no criminal history; they are women; they are in custody since 13.05.2023; they are permanent resident of District Udham Singh Nagar; the alleged recovered contraband are non-commercial, and, the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence
On the other hand, learned counsel for the State has opposed the bail application. However, he has submitted 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 Application is allowed.
Let the applicants – Smt. Kiran alias Nanhi and Smt. Chanda be released on bail on their executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.