HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No. 223 of 2024 Ujjawal Singh ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. K.S. Dugtal, Advocate for the applicant. Mr. Siddhartha Bisht, AGA with Mr. Himanshu Sain, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant Ujjawal Singh is in judicial custody in Special Sessions Trial No. 19 of 2024, State Vs. Ujjawal Singh, pending in the court of First Additional District Judge/Special Judge, NDPS Act, Nainital, arising out of FIR No. 42 of 2023 dated 03.10.2023, under Section 8/20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Mukteshwar, District Nainital. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is the second bail application. The first bail application of the applicant has been dismissed in non- prosecution on 05.06.2024. 4. Learned counsel for the applicant would submit that the applicant was arrested on 02.10.2023; charge sheet 2 was submitted on 29.01.2024; charges were framed on 24.02.2024. It is submitted that PW1 was examined on 12.06.2024; thereafter, no witness has been examined. The applicant has never sought any adjournment in the case. 5. These factual aspects have not been denied by the learned State counsel. 6. It is a case pertaining to recovery of Charas in commercial quantity and in such cases, Section 37 of the Act makes specific provisions. Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial. 7. The applicant is in custody for more than a year. In between, for more than six months, no progress was made in the case. The trial has yet not concluded. It commands the Court to release the applicant on bail. 8. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail. 9. The bail application is allowed. 3 10. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. (Ravindra Maithani, J.) 18.02.2025 Avneet/