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Judgment
Ravindra Maithani, J
Applicant-Prempal Maurya is in judicial custody in FIR No.317 of 2022, under Sections 8 & 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Mukhani, District Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 22.12.2022, 73.26 gm. smack was allegedly recovered from the applicant.
It is the case of the applicant that he has been falsely implicated; there is non-compliance of the provisions of the Act; there is no independent witness and he is not a previous convict.
Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.
Having considered, this Court is of the view that it is a case fit for bail. Accordingly, 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.