BA1/2117/2021 of ALOK KUMAR Vs STATE OF UTTARKAHAND

Court: Uttarakhand High Court
Decision date: 2021-11-25
Case number: 2117 of 2021

Parties

BA1/2117/2021 of ALOK KUMAR (PETITIONER)
STATE OF UTTARKAHAND (RESPONDENT)

Cites (1)

ARNESH KUMAR versus STATE OF BIHAR & ANR. (2014)

Statutes cited (3)

indian penal code, 3 (1860)
constitution of india, article-226 (1950)
constitution of india (1950)

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|**S.** **No**|**Date**|**Office Notes,** **reports, orders or** **proceedings or** **directions and** **Registrar’s order** **with Signatures**||**COURT’S OR JUDGES’S ORDERS**|
|---|---|---|---|---|
|||||BAI No. 2117 of 2021 **Hon’ble N.S. Dh an ik , J .** Mr. Veer Kunwar Singh, learned counsel for the applicant. Mrs. Mamta Joshi, learned Brief Holder for the State. Heard learned counsel for the parties. This is the first bail application moved on behalf of the applicant seeking regular bail in connection with FIR No. 0081 of 2021 for the offences punishable under Sections 8/ 22 of N.D.P.S. Act registered at P.S. Jhankaiya District Udham Singh Nagar. Learned counsel for the applicant submits that the applicant has falsely been implicated in the instant crime and is languishing in jail since 21.07.2021. According to the learned counsel for the applicant, the quantity of_Smack_, alleged to have been recovered is 07.70 grams which is below the commercial quantity. Learned counsel for the applicant further submits that mandatory provisions of N.D.P.S. Act have not been complied with. It is also submitted that there is no independent witness of the alleged recovery. Learned State Counsel opposed the bail application on the ground that the applicant has one more criminal history is his credit. To this, learned counsel for the applicant would submit that the applicant is bailed out in that case. Considering the facts and|

|circumstances of the case, without|
|---|
|expressing any opinion as to the final|
|merits of the case, this Court is of the|
|view that the applicant deserves bail at|
|this stage.|
|The bail application is allowed.|
|Let the applicant be released on|
|bail, on executing personal bond and|
|furnishing two reliable sureties, each of|
|like amounts to the satisfaction of Court|
|concerned.|
| **( N.S. Dhan ik , J.)** 24.09.2021|
|SB|