The High Court of Uttarakhand granted regular bail to the applicant in a case involving offences under Sections 8/20 of the N.D.P.S. Act, citing parity with a co-accused who was previously granted bail, without expressing an opinion on final merits.
Applicant released on bail upon executing a personal bond and furnishing two reliable sureties.
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BAI No. 422 of 2019 Hon’ble N.S. Dhanik, J.
Mr. Gaurav Singh, Advocate for the applicant.
Mr. Pramod Tiwari, Brief Holder for the State of Uttarakhand.
Heard learned counsel for the parties.
This is first bail application moved on behalf of the applicant seeking regular bail in connection with Case Crime No. 251 of 2018 for the offence punishable under Sections 8/20 of N.D.P.S. Act(hereinafter referred to as “The Act”) registered at P.S. Transit Camp, District U.S. Nagar.
Learned counsel for the applicant submitted that the applicant has falsely been implicated in the instant crime and is languishing in jail since 26.09.2018. Learned counsel for the applicant also submitted that there is no compliance of Section 50 of the Act; that the applicant was not apprised of his rights under Section 50 of the Act and there is no public witness of the alleged recovery. It is also submitted that coaccused has already been granted bail by the co-ordinate Bench of this Court on 20.05.2019 and it is a fit case for parity.
Learned counsel for the applicant also contended that in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.
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 applicant deserves bail at this stage on the ground of parity.
The bail application is allowed.
Let the applicant Ankit Yadav be released on bail, on executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.
Shiksha
(N.S. Dhanik, J.) 13.06.2019
2 issues framed by the court
Whether the applicant deserves bail on the ground of parity with co-accused already granted bail.
Whether non-compliance of Section 50 of the N.D.P.S. Act prejudices the bail decision.
2 provisions across 1 enactments
Ankit Yadav
State of Uttarakhand
N.S. Dhanik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
