The court granted bail to the applicant accused in an NDPS case. The applicant argued false implication and recovery not being of commercial quantity. The State opposed citing pending cases but conceded it was a fit case.
Bail on executing personal bond and furnishing two reliable sureties in the like amount.
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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 |
|---|---|---|---|
| BAI No.1139 of 2021 Hon’ble R.C. Khulbe, J. Mr. P.K. Sharma, learned counsel for the applicant. Mr. V.K. Gemini, learned Dy.A.G. for the State. Accused–Shivam Gupta has sought his release on bail in connection with Case Crime/FIR No.10/2021, u/s 8/21/27A of the N.D.P.S. Act, registered at P.S. Doiwala, District Dehradun. It is argued that the accused has been falsely implicated; he is languishing in jail since 17.01.2021; the contraband article recovered from the possession of the accused does not come within the definition of commercial quantity; he is ready to furnish the sureties; and may be granted bail. Per contra, learned counsel for the State opposed for bail and submitted that seven criminal cases are pending against him; out of seven criminal cases, two criminal cases are related to NDPS Act. As per the counter affidavit filed by the State, two criminal cases, regarding the same nature, are pending against the accused, but he is on bail; the contraband article recovered from the possession of the accused does not come within the definition of commercial quantity; he has served about six months; it will take time to conclude the trial due to Covid-19 pandemic; accordingly, without going into merits of the case, it is a fit case for bail at this stage. Accordingly, bail application is allowed and the applicant is directed to be released on bail on his executing personal bond and furnishing two reliable sureties in the like amount, to the satisfaction of the Court concerned. Pending application, if any, stands disposed of. (R.C. Khulbe, J.) 03.08.2021 BS |
1 issue framed by the court
Whether the bail application should be allowed considering the accused has been in jail since 17.01.2021 and has served six months.
1 provisions across 1 enactments
Accused–Shivam Gupta
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
