BA2/185/2022
2022 Latest Caselaw 2413 UK

                     Office Notes, reports,
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      02.08.2022
                                                BA2 No. 185 of 2022
                                                Hon'ble Sharad Kumar Sharma, J.

Ms. Divya Jain, Advocate, for the applicant.

Ms. Lata Negi, Brief Holder, for the State.

This is the 2nd Bail Application, which has been preferred by the applicant for his release on bail for his alleged involvement in commission of the offences under Section 8/22 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (in short "NDPS Act"), registered as an FIR No. 27 of 2020, at P.S. Clement Town, District Dehradun.

The 1st Bail Application of the present applicant was rejected by this Court by a judgment and order dated 24.09.2021. The present 2nd Bail Application has been preferred by the applicant on the new ground that in view of the statement recorded by PW4, in fact, it apparently shows that there was an apparent non-compliance to the provisions contained under Section 42 of the NDPS Act. Coupled with the fact, that the present applicant is not carrying any criminal history, apart from the fact that he is languishing in jail since 09.03.2020.

It has been further contended by the learned counsel for the applicant to the 2nd bail application, that since one of the co-accused persons, who was also shown to be having the same role in the commission of offences, has already been released on bail by an order dated 25.07.2022, passed on the 2nd bail application almost on akin grounds, which has been observed above.

Considering the aforesaid parity, and particularly in the light of the statement of PW4, where, in view of the statement recorded in para 21 and 22, it apparently shows a non- compliance of Section 42 of the NDPS Act, this Court is inclined to release the present applicant on bail, subject to executing of his personal bond and furnishing of two reliable sureties, each in the like amount, to the satisfaction of the Magistrate concerned.

Accordingly, the 2nd Bail Application would stand allowed.

However, it is made clear that whatsoever observation, which has been made by this Court while granting bail to the present applicant, is only tentative in nature, exclusively for the purposes of considering the bail application. It will not prejudice the trial, which has to be decided independently.

(Sharad Kumar Sharma, J.) 02.08.2022 Mahinder/