High CourtsSingle Bench(2024) 08 UK CK 0069

Pooran Singh @ Happy vs State Of Uttarakhand

Uttarakhand High Court · Decided on 14 August 2024

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1532 Of 2024

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Judgment

9 paragraphs · 213 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in FIR No. 91 of 2024, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Pulbhatta, District Udham Singh Nagar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 10.05.2024, 12 gram smack was allegedly recovered from the possession of the applicant.

4.

It is the case of the applicant that he has nothing to do with the alleged incident; it is a false case; based on confession, he has been arrested; it is a case of non compliance of provisions of the Act; nothing was recovered from the applicant.

5.

Learned State counsel would submit that the alleged recovered quantity is less than commercial. Learned State counsel would submit that bail rejection order does not show any previous conviction of the applicant.

6.

Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.

7.

The bail application is allowed.

8.

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.