BA1/871/2017 of Gulshan Kumar Alias Monu Vs State Of Uttarakhand
Parties
- BA1/871/2017 of Gulshan Kumar Alias Monu (PETITIONER)
- State Of Uttarakhand (RESPONDENT)
Cites (1)
- MADANLAL versus SHYAMLAL (2001)
Statutes cited (1)
Full text
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BA1 No.871 of 2017
Hon’ble V.K. Bist, J.
Mr. Shashi Kant Shandilya, Advocate holding brief of Mr. Gaurav Singh, Advocate for the applicant.
Mr. R.K. Sah, Deputy Advocate General for the State of Uttarakhand.
Heard learned counsel for the parties.
Applicant Gulshan Kumar @ Monu has moved this bail application seeking regular bail in connection with Case Crime No.104 of 2017, under section 8/20 of N.D.P.S. Act, Police Station Pathari, District Haridwar.
It is the submission of the learned counsel for the applicant that applicant is innocent and has falsely been implicated in the instant case. He submits that there is no independent witness of the alleged recovery and while arresting the applicant, the mandatory provisions of Sections 50 and 57 of the N.D.P.S. Act have not been complied with. In the FIR it is written that applicant himself stated that since he has been arrested by the police, there is no need of calling Gazetted Officer in the matter. He further submits that applicant is languishing in jail since 24.05.2017.
Learned AGA strongly opposes the bail application of the applicant.
Having considered submission of learned counsel for the parties and without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.
Accordingly, the bail application is allowed. Let applicant Gulshan Kumar @ Monu be released on bail on executing personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Magistrate concerned.
Arti
(V.K. Bist, J.)
07.07.2017