SHAHRUKH v. STATE OF UTTARAKHAND
Court: High Court of Uttarakhand
Bench: HON'BLE MR. JUSTICE RAVINDRA MAITHANI
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2024-07-16. SHAHRUKH v. STATE OF UTTARAKHAND. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 1341 of 2024 Shalu …..... Applicant Versus State of Uttarakhand …. …. Respondent Present:- Mr. Mohd. Safdar, Advocate for the applicant. Mr. Virendra Singh Rawat, AGA with Ms. Rangoli Purohit, Brief Holder for the State. With First Bail Application No. 1345 of 2024 Shahrukh …..... Applicant Versus State of Uttarakhand …. …. Respondent Present:- Mr. Mohd. Safdar, Advocate for the applicant. Mr. Virendra Singh Rawat, AGA with Ms. Rangoli Purohit, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Since both these bail applications arise from one and the same FIR, they are being heard together and decided by this common order. 2. The applicants Shalu and Shahrukh are in judicial custody in FIR/Case Crime No. 259 of 2024, dated 29. 06. 2024, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Piran Kaliyar, District Haridwar.
They have sought their release on bail. 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, on 29. 06. 2024, Smack in less than commercial quantity was allegedly recovered from the possession of the applicants. 5. According to the applicants, it is a case of non-compliance of the provisions of the Act; the allegedly recovered quantity is less than commercial; they have been falsely implicated in the case and the applicants have no criminal history. 6. Learned State counsel would submit that the bail rejection orders do not reveal that the applicants are the previous convicts. 7. Having considered, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail. 8. The bail applications are allowed. 9. Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the court concerned.
(Ravindra Maithani, J. ) 16. 07. 2024 Sanjay
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