BA1/1756/2022 of DEEPAK BHAKUNI Vs STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITAL

First Bail Application No. 1756 of 2022

Deepak Bhakuni

….....Applicant

Versus

State of Uttarakhand ….….Respondent

Present:- Mr. Vinayak Pant, Advocate for the applicant. Mr. Pankaj Joshi, Brief Holder for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant Deepak Bhakuni is in judicial custody in Case Crime No.39 of 2022, under Section 8/21/60 of Narcotic Drugs and Psychotropic Substances Act (“the Act”), 1985, Police Station Kotwali Almora, District- Almora. He has sought his release on bail.

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

3. According to the FIR, on 16.04.2022, when the police was on patrolling, they intercepted motorcycle driven by the applicant. The applicant did not stop the motorcycle, instead, they threw bag and tried to run away. The applicant was driving the motorcycle with co-accused Satyam Sah. They were apprehended. The bag was recovered. It had 17.60 grams smack.

4. In this case, Annexure1, the FIR, is underlined in large portion with red ink. The Court wonders as to why the registry did not raise any objection to it and also wonders as to how such FIR may be filed in the Court.

5. The bail application records that it is false recovery; nothing was recovered from the applicant; provisions of the Act have not been complied with; the applicant is permanent resident of his place; it is not commercial quantity and he is not previous convict.

6. Having considered, this Court is of the view that it is 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 personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.

Ravi Bisht

(Ravindra Maithani, J.) 03.08.2022