High CourtsSingle Bench(2024) 03 UK CK 0078

Sagar @ Sunny vs State Of Uttarakhand

Uttarakhand High Court · Decided on 15 March 2024

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Allowed
CASE NUMBER
First Bail Application No. 76 Of 2024

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Judgment

9 paragraphs · 202 words

Ravindra Maithani, J

1.

Applicant Sagar @ Sunny is in judicial custody in FIR No. 207 of 2023, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kotwali Haridwar, District Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

4.

According to the FIR, on 19.03.2023, 5.660 Kg. Ganja was recovered from the possession of the applicant.

5.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case; there has been non compliance of the provisions of the Act; the allegedly recovered quantity is less than commercial; the applicant is not a previous convict; there is no Forensic Science Laboratory report.

6.

Learned State counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.

7.

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

8.

The bail application is allowed.

9.

Let the applicant be released on bail, on her executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.