CRLA/48/2022
2022 Latest Caselaw 2536 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     17TH AUGUST, 2022

                   BAIL APPLICATION NO.1 of 2022
                                IN
               CRIMINAL APPEAL NO. 48 of 2022


Between:

Irfan                                                ...Appellant

and

State of Uttarakhand.                               ...Respondent



Counsel for the Appellant        :   Mr. Mohd. Azim.



Counsel for the State            :   Mr. Pratiroop Pandey,
                                     learned A.G.A. for the
                                     State.


Hon'ble Alok Kumar Verma,J.

This Bail Application (IA No.1 of 2022) has been

filed in this Criminal Appeal.

2. Present Criminal Appeal has been filed against the

judgment dated 18.12.2021, passed by the Special Judge

(NDPS Act)/ Ist Additional District and Sessions Judge, Udham

Singh Nagar in Special Sessions Trial No.76 of 2013, "State vs.

Irfan", whereby, the appellant - Irfan has been convicted and

sentenced to undergo rigorous imprisonment for a period of

five years along with a fine of Rs.20,000/- for the offence

under Section 8/20 of the Narcotic Drugs and Psychotropic

Substances Act, 1985.

3. Heard Mr. Mohd. Azim, the learned counsel for the

appellant and Mr. Pratiroop Pandey, the learned A.G.A. for the

State on Bail Application (IA No.1 of 2022).

4. The learned counsel for the appellant submitted that

the appellant has been falsely implicated in this matter; the

mandatory provision of Section 50 of the said Act, 1985 was

not followed; nothing was recovered from the possession of

the appellant; there was no public witness in the proceedings

of the alleged recovery; the alleged recovered contraband was

non-commercial; the appellant has no criminal history; the

appellant is a permanent resident of District Udham Singh

Nagar and the appellant is in custody since 18.12.2021.

5. The learned counsel for the State opposed the bail

application. However, he fairly conceded that the appellant has

no criminal history.

6. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the appellant-Irfan

provided he submits a personal bond and two reliable sureties

each in the like amount to the satisfaction of the court

concerned.

7. List this case on 19.10.2022 for final hearing.

___________________ ALOK KUMAR VERMA, J.

Dt: 17.08.2022

Pant /