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2025 DAILYLAW 1930 (UTT)

SHAMIM ALIAS RUSHA v. STATE OF UTTARAKHAND

BA1/211/2025 · 2025-02-13

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 211 of 2025 Shamim @ Rusha ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Naveen Singh Bisht, Advocate for the applicant. Ms. Rangoli Purohit, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR No.367 of 2024, under Section 29 read with Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Kichha, District- Udham Singh Nagar. She has sought her release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, smack in commercial quantity was recovered from co-accused Hamid Raza on 17.09.2024. According to the prosecution, it is the co- accused, who revealed that at the behest of the applicant, he had purchased smack from a person of Fatehgarh. 4. It is the case of the applicant that nothing was recovered from her; merely based on the statement of co- accused, she has been implicated. 2 5. Learned State Counsel admits that the applicant is not a previous convict, as per the bail rejection order. She would submit that the co-accused has stated that at the instance of the applicant, he had brought smack. 6. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 7. The bail application is allowed. 8. Let the applicant be released on bail, on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 13.02.2025 Ravi Bisht