Allowed

Devendra Singh v. State

Uttarakhand HC6 Feb 2013BA1/84/2013

Case brief

AI extract

What is this about?

This order grants bail to Devendra Singh, the applicant, charged under the N.D.P.S. Act for possession of Alprazolam tablets. The Court allowed bail based on the quantity of drugs involved and despite the prosecution's objection, noted the parity with a co-accused who had been granted bail for a similar offence.

What did the court decide?

The applicant is released on bail upon executing a personal bond and furnishing two reliable local sureties.

Devendra Singh Vs State — Uttarakhand HC (2013) — LawSathi Research

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Original Jurisdiction

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Dated: Nainital the 6^th Day of February, 2013 1^st Bail Application No. 84 of 2013

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Order on the Bail Application:

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CRIMINAL SIDE

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Devendra Singh S/o Shri Kaleshwar Singh … Accused/Applicant (in jail) versus State of Uttarakhand …. Opposite party

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F.I.R. No. 5 of 2012 Under Section 21/22 N.D.P.S. Act Police Station G.R.P. Kathgodam District Nainital

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Mr. Akhil Kumar Sah, Advocate for the applicant. Mr. H.O.Bhakuni, Brief Holder, present for the State/respondent.

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Hon’ble U.C.Dhyani, J.

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Heard learned counsel for the applicant and learned counsel for the State/respondent.

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Applicant Devendra Singh, who is in jail in connection with F.I.R. No. 5 of 2012, relating to offences punishable under Section 21/22 of N.D.P.S. Act, Police Station G.R.P. Kathgodam, District Nainital, has sought his release on bail.

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An F.I.R. was registered against Devendra Singh, present applicant and two others as regards the offence punishable u/S 21/22 N.D.P.S. Act in Police Station G.R.P. Kathgodam on 12.11.2012. It

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was the allegation that accused Devendra Singh was found in possession of 28 tablets of Alprazolam.

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Learned Prosecutor opposed the bail application on the ground that two more cases are pending against the present applicant. Learned counsel for the applicant referred to the order dated 20.12.2012 whereby bail was granted to the co-accused Mohan Singh by the learned Additional Sessions Judge/Special Judge Nainital. The co-accused Mohan Singh was having 23 tablets of Alprazolam whereas applicant Devendra Singh was found in possession of 28 tablets of Alrprazolam. According to the Notification of Ministry of Finance dated July 16, 1996, 2 grams of Alprazolam falls under the category “small quantity”. It is admitted fact that the accused has not been convicted in any of the cases.

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Learned counsel for the applicant also submitted that the accused is ready to furnish local sureties, if he is enlarged on bail.

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Having regard to the quantity of Alprazolam found in possession of the applicant Devendra Singh and also having regard to the fact that co-accused Mohan Singh was granted bail by the learned Additional Sessions Judge, a case of bail is made out on the basis of parity in favour of the applicant.

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Accordingly, the bail application of the applicant Devendra Singh is allowed. Let the applicant Devendra Singh be released on bail on his executing a personal bond and furnishing two reliable local sureties, each of the like amount to the satisfaction of the Additional Sessions Judge/Special Judge Nainital.

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(U.C.Dhyani J.) Vacation Judge 06.02.2013

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Shiv

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Devendra Singh v. State

Case brief

What is this about?

What did the court decide?

Devendra Singh v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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