CRLA/25/2022
2022 Latest Caselaw 2125 UK

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

                          14th JULY, 2022

                BAIL APPLICATION (IA NO. 01 OF 2022)
                                In
              CRIMINAL APPEAL NO. 25 of 2022

Between:

Anil                                                    ...Appellant

and

State of Uttarakhand.                                  ...Respondent

Counsel for the Appellant       : Mr. Gaurav Singh.

Counsel for the State           : Mr. T.C. Agarwal,
                                  learned Deputy Advocate
                                  General for the State.

Hon'ble Alok Kumar Verma,J.

The appellant - Anil has been convicted and

sentenced to undergo rigorous imprisonment for a period of

ten years along with a fine of Rs.50,000/- for the offence under

Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic

Substances Act, 1985, vide judgment dated 16.11.2021,

passed by the Special Judge, NDPS Act/3rd Additional District

and Sessions Judge, Haridwar in Special Sessions Trial No.07

of 2016.

2. Heard Mr. Gaurav Singh, learned counsel for the

appellant and Mr. T.C. Agarwal, learned Deputy Advocate

General for the State on the Bail Application (IA No.01 of

2022).

3. The learned counsel for the appellant submitted that

the appellant has been implicated in this matter; 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 140 grams charas, which is

non-commercial; the appellant has no criminal history; he is a

permanent resident of District Haridwar, and, he was on bail

during the trial and the conditions of bail were neither misused

nor violated by him.

4. Even availing sufficient opportunity to file

objection(s) to the bail application, the State has not filed

objection(s). The learned counsel appearing for the State

opposed the bail application orally. However, he fairly

conceded that the appellant has no criminal history and the

appellant was on bail during the trial and the conditions of bail

were neither misused nor violated by him.

5. Considering the facts and circumstances of the case,

this Court is inclined to grant bail to the appellant Anil,

provided he submits a personal bond and two reliable sureties

of the same amount to the satisfaction of the court concerned.

__________________ ALOK KUMAR VERMA, J.

Dt: 14th July, 2022 Pant/