High CourtsSingle Bench(2018) 08 UK CK 0200

Mukesh Rana vs State of Uttarakhand

Uttarakhand High Court · Decided on 31 August 2018

HON’BLE JUDGES
Sudhanshu Dhulia, J
RESULT
Allowed
CASE NUMBER
First Bail Application No.1323 of 2018

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Judgment

13 paragraphs · 234 words

Sudhanshu Dhulia, J. (Oral)

Heard Mr. V.S. Chauhan, Advocate for the applicant and Mr. T.C. Aggarwal, AGA for the State.

The applicant is in jail having been implicated in FIR No.252 of 2018, which has been registered under Sections 8 and 20 of the Narcotic Drugs and

Psychotropic Substances Act, 1985, at Police Station Kotwali Gangnahar, Roorkee, District Haridwar.

Learned counsel for the applicant submits that the applicant is in jail since 06.06.2018. Learned counsel for the applicant further submits that the

“charas†which was allegedly recovered from the applicant was 900 grams which is less than the commercial quantity of 1 Kg. Moreover, the

applicant was allegedly arrested from a public place but no public witness could be procured by the police.

Considering the overall facts and circumstances of the case and the fact that the applicant is in jail since 06.06.2018, prima facie, the applicant has

been able to make out a case for bail. The bail application is allowed accordingly.

Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each in the like amount to the

satisfaction of the Magistrate concerned/Court concerned.

It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application and the same shall not be taken

into consideration at all in any other proceedings.