JUDGMENT

Hon'ble Alok Kumar Verma, J.

This bail application has been filed for grant of regular bail in connection with FIR No.184 of 2020, registered with Police Station Kotwali, District Bageshwar for the offence under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. On 13.11.2020, Sub-Inspector Krishna Giri, informant of this matter, along with Constable Tara Bhakuni were present for routine-checking at Aare-Mundalsera Tiraha (trijunction). At around 13.10 hrs., Deepak Bisht, Sub-Inspector and other police officials came there and informed that they had received a secret information that a person is going to Haryana in a vehicle, bearing registration no. H.R. 95-4170, and he can be apprehended, if the raid is conducted. The police party saw that the said vehicle was coming from Kapkot Road. The police party found that two persons were sitting in the vehicle. On enquiry, they disclosed their names. The driver of the vehicle, the present applicant, disclosed his name as Vinod Kumar, aged about 42 years, S/o Ranveer Singh R/o Village Gandha, Police Station Sapala, District Rohtak. Krishna Giri, Sub-Inspector, apprised him that they intend to search him and whether he wishes to be searched in the presence of a Magistrate or a Gazetted Officer. At 13.47 hrs., Mahesh Chandra Joshi, the Circle Officer of Police, Bageshwar, was informed by the informant Sub-Inspector Krishna Giri on his mobile phone. He came at the spot at 14.08 hrs.. In spite of an endeavour, no public witness could be secured. During search, Charas was recovered from the bag of the present applicant. He was arrested at 14.30 hrs. On weighing, the weight of the contraband with the polythene was 1017.02 kilogram. The recovery memo was prepared.

3. Heard Mr. M.A. Khan, learned counsel for the applicant and Mr. Ranjan Ghildiyal, learned A.G.A. for the State through video conferencing.

4. The learned counsel for the applicant submitted that the applicant is an innocent person; he has been implicated in this matter; nothing has been recovered from the possession of the applicant; there was no public witness of the alleged recovery; the said recovery of contraband was less than commercial quantity; he is in custody since 13.11.2020; he has no criminal history; the provisions of Sections 42, 52, 55 & 57 of the Act, 1985 are not complied with and charge sheet has already been filed, therefore, there is no chance of tampering with the evidence.

5. The learned Counsel appearing for the State opposed the bail application. He submitted that the recovered Charas was weighed before the concerned court. The exact weight of the Charas was found 0.997 gram. He fairly conceded that the applicant has no criminal history and the recovered Charas was less than commercial quantity.

6. Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation or trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

7. Having considered the submissions of the learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

8. The bail application is allowed.

9. Let the applicant Vinod Kumar be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) The applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person a