Ravindra Maithani, J
1. Applicant Nishi @ Nishi Gain seeks bail in FIR No.67 of 2023, under Sections 8/22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Rudrapur, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. This is the second bail application of the applicant. The first bail application was dismissed as withdrawn on 21.06.2024.
4. Learned counsel for the applicant would submit that the charge sheet was submitted on 09.06.2023; charges were framed on 07.07.2023; PW1 was examined on 5.1.2024. But thereafter, till date, no witness has been examined.
5. These factual aspects have not been denied by the learned State counsel.
6. It is a case pertaining to recovery of commercial quantity of the narcotic substance and in such cases, Section 37 of the Act makes specific provisions. Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial.
7. The applicant is in custody for more than a year. In between, for more than six months, no progress was made in the case. The trial has yet not concluded. It commands the Court to release the applicant on bail.
8. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
9. The bail application is allowed.
10. Let the applicant 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.
