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Judgment
Ravindra Maithani, J
Applicant is in judicial custody in FIR No. 38 of 2023, under Sections 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Ramnagar, District Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
This is second bail application of the applicant. His first bail application was dismissed as withdrawn on 06.01.2025.
According to the FIR, the applicant was apprehended with narcotic substance in commercial quantity on 19.01.2023.
Learned counsel for the applicant would submit that the applicant is innocent; he is in jail for more than two years; the prosecution evidence has yet not been concluded. He would submit that earlier also the applicant had faced six criminal trials out of which, he is convicted in five case, which pertains to theft, simple marpeet and the Arms Act, 1959 and in one case, the trial is still pending.
Learned State counsel would submit that the narcotic substance in commercial quantity was recovered from him. He is a previous convict in multiple cases.
The applicant is convicted in five criminal cases including theft, simple maarpeet and the cases under the ArmsAct. In the instant case, narcotic substance in commercial quantity was recovered from the possession of the applicant.
Having considered the entirety of the facts, this Court is of the view that there is no ground to enlarge the applicant on bail. Accordingly, the bail application deserves to be rejected.
The bail application is rejected.
