Uttarakhand High Court
Sompal vs State Of Uttarakhand on 12 August, 2020
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 1386 of 2020
Sompal ....Applicant
Versus
State of Uttarakhand ....Opposite party
Present:-
Mr. Siddhartha Sah, Advocate for the applicant.
Mr. Pratiroop Pandey, A.G.A for the State.
Hon'ble Ravindra Maithani, J.
Applicant Sompal, who is in judicial custody in FIR No. 270 of 2020, under Sections 8/20 the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act"), Police Station Vikasnagar, District Dehradun has sought his release on bail.
2. Heard learned counsel for the parties through video conferencing.
3. According to the case, on 10.07.2020, 350 gram charas was recovered from the applicant. Recovery was also allegedly made from the co-accused.
4. Learned counsel for the applicant would argue that there has been no independent witness to the recovery; compliance of Section 50 of the Act has not been made; applicant has no criminal history and the alleged recovered quantity is not commercial.
5. Learned State counsel fairly concedes that there is no criminal history of the applicant.
6. Having considered the submissions, under the facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail.
27. The bail application is allowed.
8. Let the applicant, namely Sompal 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.
9. This bail order be forwarded to the concerned Court as well as the concerned jail through e-mail also.
(Ravindra Maithani, J.) 12.08.2020 Shubham