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Judgment
Ravindra Maithani, J
Since both the bail applications arise from the same FIR, they are heard together and are being decided by this common order.
Applicants Prince Kumar and Karamat Ali are in judicial custody FIR/Case Crime No. 0012 of 2023, under Section 8/22(c)/60 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Ranipur, District Haridwar. They have sought their release on bail.
Heard learned counsel for the parties and perused the record.
These are second bail application. The first bail applications, being BA1 No.326 of 2023 and BA1 No.738 of 2023 were dismissed as withdrawn on 06.06.2024.
Learned counsel for the applicants would submit that the applicants were arrested on 12.01.2023; charge sheet was filed in the matter on 01.07.2023, but charges could be framed on 27.09.2023. It is submitted that no witness has yet been examined. The applicants have never sought any adjournment in the case.
These factual aspects have not been denied by the learned State counsel.
It is a case pertaining to recovery of narcotic substances in commercial quantity and in such cases, Section 37 of the Act makes specific provisions. Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial.
The applicants are in custody for more than a year. For more than six months, no progress has been done and not even a single witness has been examined. The applicants have never sought any adjournment in the case.
Having considered the entirety of facts, this Court is of the view that the applicants deserve to be enlarged on bail.
The bail applications are allowed.
Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each in the like amount, by each one of them, to the satisfaction of the Court concerned.