BA1/414/2022 of BHUPENDRA PAL Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2022-12-14
Case number: 414 of 2022

Parties

BA1/414/2022 of BHUPENDRA PAL (PETITIONER)
STATE OF UTTARAKHAND (RESPONDENT)

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|**SL.** **No**|**Date**|**Office Notes,** **reports, orders or** **proceedings or** **directions and** **Registrar’s order** **with Signatures**|**COURT’S OR JUDGES’S ORDERS**||
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||||BA1 No. 414 of 2022 **Hon’ble N.S.Dhanik, J.** Mr. S.R.S.Gill, learned counsel for the applicant. Mr. T. C. Agrarwal, learned Deputy Advocate General, assisted by Ms. Mamta Joshi, Brief Holder for the State. The applicant, Bhupendra Pal, who is in judicial custody in relation with the FIR No. 353 of 2021, for the offences punishable under Sections 8/18/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kichha, District Udham Singh Nagar, has sought his release on bail. According to FIR, on 29.10.2021, 452 gm Opium was recovered from the possession of the applicant. It is argued by the learned counsel for the applicant that the applicant is an innocent person of a tender age and he has great future; there is no independent witness of the alleged recovery; learned counsel for the applicant would further submit that; the alleged recovery shown against the applicant false below the commercial quantity; the applicant is in jail since 29.10.2021 and he has no criminal history.Accordingly, present applicant is entitled for bail. On the other hand, learned State counsel opposed the release of the applicant on bail however he admitted that there is noprevious criminal||

||||history of the applicant. Having considered all the submissions, under the facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail. The bail application is allowed. 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. **(N.S.Dhanik, J.)** 07.03.2022 Kaushal||
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