Hon'ble R.C. Khulbe, J. allowed bail for an accused accused of possessing 970g charas under the NDPS Act. Finding no criminal history and independent recovery issues, the court deemed it a fit case for bail pending trial.
Release on bail on executing a personal bond and furnishing two reliable sureties of 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 |
|---|---|---|---|
| BA1 No.1423 of 2021 Hon’ble R.C. Khulbe, J. Mr. Nandan Arya, learned counsel along with Mr. S.K. Shandilyal and Mr. M.S. Dhapola, learned counsel for the applicant. Ms. Pushpa Bhatt, learned Dy.A.G. along with Mr. Siddharth Bisht, learned B.H. for the State. Accused–Shivam Sharma has sought his release on bail in connection with Case Crime/FIR No.284/2021 u/s 8/20/29 of the N.D.P.S. Act, registered at P.S. Kotwali Jwalapur, District Haridwar. It is argued that the accused has been falsely implicated; he is languishing in jail since 22.05.2021; there is no criminal history against him; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail but fairly submitted that there is no criminal history against him. As per the FIR, on 21.05.2021, the accused was apprehended by the police and on the search 970 gram charas was recovered from his possession; there is no independent witness of the recovery; the contraband article does not come within the definition of commercial quantity; he is languishing in jail since 22.05.2021; he has no criminal history; it will take time to conclude the trial, accordingly, without making any comment on the merits, it is a fit case for bail at this stage. The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. Pending application, if any, stands disposed of. (R.C. Khulbe, J.) 23.10.2021 Sukhbant |
2 issues framed by the court
Whether the accused deserves bail for false implication with no criminal history despite contraband possession.
Whether the lack of independent witness for recovery makes the case fit for bail.
1 provisions across 1 enactments
Shivam Sharma
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
