PRATIK BISWAKARMA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Pratik Biswakarma has moved this application for bail under Sec. 439 of the Code of Criminal Procedure, 1973. He was arrested on 18/2/2021 in connection with the First Information Report (FIR) lodged on 18/2/2021 after the seizure of controlled substances from the vehicle in which he and five others were travelling. According to the applicant he had applied for bail before the learned Special Judge on five occasions which have all been rejected on various grounds.

(2.) Ms. Tashi Doma Bhutia, learned counsel for the applicant submits that besides the FIR he has not been implicated by any of the materials or statements filed along with the charge-sheet. It is submitted that he has no past criminal record; he is a young man of 23 years and therefore, he should be granted bail.

(3.) The learned Public Prosecutor however, opposes the grant of bail on the ground that there is no material to reflect that he is not guilty of the offence.