BA1/79/2018 of Manju Rehman Vs State Of Uttarakhand
Parties
- BA1/79/2018 of Manju Rehman (PETITIONER)
- State Of Uttarakhand (RESPONDENT)
Statutes cited (6)
- constitution of india, article-38 (1950)
- constitution of india, article-39(e) (1950)
- constitution of india, article-42 (1950)
- constitution of india, article-43 (1950)
- constitution of india, article-48 (1950)
- constitution of india (1950)
Full text
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BA1 No.79 of 2018Hon’ble V.K. Bist, J.
Mrs. Pushpa Joshi, Senior Advocate, assisted by Mr. S.K. Shandilya, Advocate for the applicant.
Mr. S.S. Adhikari, Assistant Government Advocate with Mr. P.S. Uniyal, Brief Holder for the State of Uttarakhand.
Heard learned counsel for the parties. This is first bail application moved by the applicant seeking regular bail in Case Crime No. 193 of 2017, under Section 8/21 of the N.D.P.S. Act, registered at Police Station Premnagar, District Dehradun.
Learned Senior Counsel for the applicant submitted that the applicant has falsely been implicated in the instant crime; has no criminal history and is languishing in jail since 11.09.2017. She submitted that the police officials have not complied the mandatory provision of Section 50 of the N.D.P.S. Act. She further submitted that now-a-days still cameras and video cameras are available; but, despite this fact, videography of the alleged recovery showing the involvement of the applicant has not been done. She submitted that the applicant is ready to furnish reliable and verified sureties to the satisfaction of the Court concerned, if he is directed to be enlarged on bail.
Considering the 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 at this stage. The bail application is allowed. Let the applicant Manju Rehman be released on bail, on executing personal bond and furnishing two reliable localsureties, each of the like amount, to the satisfaction of the Special Judge, N.D.P.S. Act.
Arpan
(V.K. Bist, J.) 04.05.2018