Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Bail Application No.237 of 2024
Madan Singh Pal
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. S.R.S. Gill, Advocate for the applicant. Ms. Manisha Rana Singh, D.A.G. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in FIR/Case Crime No. 142 of 2022, under Sections 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Claimantown, District Dehradun. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
This is second bail application of the applicant. The first bail application has already been rejected on11.06.2024 on merits.
4.
According to the FIR, narcotic substance in commercial quantity was recovered from the possession of the applicant.
5.
Learned counsel for the applicant would submit that entire case is false; according to the recovery memo, arrest memo was prepared at the spot, but it bears the FIR number, which was lodged much after the alleged recovery.
6.
Learned State counsel was required to get instruction. She admits that arrest memo was prepared at the spot and it bears the FIR number. She would submit that the FIR number in the arrest memo was
2 recorded subsequently post lodging of the FIR, but she admits that there is no document to establish it.
7.
The arrest memo was prepared at the spot. How could it bear the FIR, which was lodged much after it? It casts doubt on the entire prosecution case.
8.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
9.
The bail application is allowed.
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) 17.06.2025 Jitendra