IMPORTANT POINT
The court established that personal liberty is a fundamental right that should not be curtailed without compelling justification, particularly in cases where the prosecution's evidence is weak.

JUDGMENT :

ALOK KUMAR VERMA, J.

1. The present Application has been filed for grant of regular bail in connection with the First Information Report No. 165 of 2023, registered at police station Kashipur, District Udham Singh Nagar.

2. Applicant-Vishal Kumar alias Vicky is in judicial custody under Section 8 read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

3. As per the prosecution case, on 26.03.2023, 25 injections of Buprenorphine of two ml each were recovered from the bag of the applicant.

4. Heard Mr. A.M. Saklani, learned counsel with Mr. M.C. Upadhyay, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

5. Mr. A.M. Saklani, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The alleged place of recovery is a very heavy crowded area, but, no independent witness or public witness was secured at the time of the alleged recovery. C.C.T.V. cameras were installed at various places, but, no C.C.T.V. footage has been filed. Applicant does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. He is in custody since 26.03.2023, but, only one witness has been examined by the prosecution till date.

6. Mr. Rakesh Negi, learned Brief Holder for the State has opposed the bail application and submitted that the recovered Buprenorphine is in commercial quantity. However, he has conceded that the applicant does not have any criminal antecedents, and, only one witness has been examined till date.

7. Personal liberty under Article 21 of the Constitution of India is a very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

8. In Rabi Prakash vs. State of Odisha, 2023 (0) Supreme (SC) 707, the Hon’ble Supreme Court observed:

“The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act.”

9. Having considered the submissions of learned counsel for the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without commenting on the merits of the case, this Court is of the view that the applicant deserves bail at this stage.

10. The First Bail Application (No. 2073 of 2023) is allowed.

11. Let the applicant-Vishal Kumar alias Vicky 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) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

12. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the court for cancellation of bail.