BA1/2790/2023 of JAIPAL Vs STATE OF UTTARAKHAND on 29 December 2023

HIGH COURT OF UTTARAKHAND AT NAINITALFirst Bail Application No. 2790 of 2023Jaipal ….....Applicant

Versus

State of Uttarakhand

….….Respondent

Present:-

Mr. Gaurav Singh, Advocate (through video conferencing) and Mr. Pankaj Semwal, Advocate for the applicant. Mr. Vipul Painuli, Brief Holder for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant Jaipal is in judicial custody in FIR/Case Crime No.638 of 2023, dated 16.12.2023, under Sections 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Jhabrera, District Haridwar. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, on 15.12.2023, 300 gm. Charas wasallegedly recovered from the possession of the applicant.

4. It is the case of the applicant that nothing was recovered from him; the allegedly recovered quantity is less than commercial; it is a case of non-compliance of the provisions of the Act and he is not a previous convict.

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

6. Having considered, this Court is of the view that it is a case fit for bail and 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.

Sanjay

(Ravindra Maithani, J.)29.12.2023