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Judgment
Ravindra Maithani, J
Applicant Parvese Ahemad @ Chuhiya is in judicial custody in FIR No. 549 of 2023, under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Haldwani, District Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 18.11.2023, 22 gms. Smack was allegedly recovered from the applicant.
It is the case of the applicant that he is innocent; he has falsely been implicated; there was nothing recovered from the applicant; the alleged recovery is fake and foisted; the alleged recovered quantity is less than commercial; the applicant has no previous criminal history.
Learned State Counsel would submit that the bail rejection order does not reveal any criminal history of the applicant.
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.
The bail application is 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.