JUDGMENT

Alok Kumar Verma, J. - The present Bail Application has been filed by the applicant for grant of regular bail in connection with the Case Crime No.15 of 2023, registered with Police Station Kotwali Manglaur, District Haridwar for the offence under Sections 8/21, 27A and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act, 1985').

2. Heard Mr. Mohd. Safdar, learned counsel for the applicant through video conferencing and Ms. Shewali Joshi, learned Brief Holder for the State.

3. According to the present matter, 22.56 gram smack was recovered from the possession of the present applicant.

4. Mr. Mohd. Safdar, learned counsel for the applicant, submitted that the applicant has been implicated in this matter. Nothing was recovered from his possession. The said recovery was planted. Mandatory provisions of the Act, 1985 were not complied with. He further submitted that at the time of the alleged recovery, 16.25 gram smack was also recovered from one-Istekhar and the said Istekhar has been granted bail by the Co-ordinate Bench of this Court. He submitted that the applicant is in custody since 03.01.2023. He has no criminal history, and, he is a permanent resident of District Haridwar.

5. Ms. Shewali Joshi, learned Brief Holder for the State, opposed the bail application.

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 is not punishment. The main purpose is manifestly to secure the attendance of the accused.

7. Having considered the submissions of 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 Wasim 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.