Lalta Prasad And Others vs State Of Uttarakhand

Ravindra Maithani, J

Since both the bail applications arise from the same FIR, they are being decided by this common order.

Applicants Lalta Prasad and Shanti Swaroop are in judicial custody in Case Crime No.4 of 2023, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Pulbhatta, District-Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 05.01.2023, from the possession of applicant Lalta Prasad, 2.271 Kgs charas, and from the possession of the applicant Shanti Swaroop, 3.002 Kgs charas was recovered.

Learned counsel for the applicant- Lalta Prasad would submit that the applicant is in custody for a long.

Learned counsel for the applicant- Shanti Swaroop would submit that the applicant has no criminal history; applicant is not a purchaser.

Learned State Counsel would submit that investigation is still underway.

It is the case of recovery of commercial quantity of charas from the applicants. In such cases, bail may not be granted, unless there are reasons to believe that the applicants are not guilty of the offence, or there are less chances of repeat offences.

It is categorical case of the prosecution that charas in commercial quantity has been recovered from the applicants. The recovery has allegedly been made from the bags, which the applicants were holding.

Having considered, this Court is of the view that there is no ground, which may entitle the applicants to bail. Accordingly, the bail applications deserve to be rejected.

Both the bail applications are rejected.