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Judgment
Ravindra Maithani, J
Applicant Mosim Khan @ Mohsim @ Mohsin Khan is in judicial custody in FIR No. 92 of 2023, under Sections 8/21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 , Police Station Rudrapur, District – Udham Singh Nagar.
Heard learned counsel for the parties and perused the record.
According to the FIR, 105 Gm. smack with polythene pack was recovered from the possession of the accused.
It is argued that the recovered contraband article is less than commercial quantity. The applicant has no previous criminal history and it is the case of false implication.
Learned State counsel would submit that the bail rejection order does not show any previous conviction of the applicant.
Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
The bail application is, accordingly, allowed. 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.