Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9260 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
BA2 No. 229 of 2025
Hon’ble Ashish Naithani, J.
Mr. Gaurav Nagpal and Mr. Amit Tyagi, learned counsel for the Applicant.
2. Mr. Vipul Painuly, learned A.G.A. for the State.
3. The present 2nd Bail Application under Section 483 of BNSS, 2023 has been filed on behalf of the Applicant, Lokesh S/o Kaluram, R/o Gram Barwal, P.S. Ramala, District Baghpath Uttar Pradesh.
4. The Applicant is currently in judicial custody since 13.04.2024 in connection with Case Crime No. 0129 of 2024, under Sections 8/20/60 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Vikas Nagar, District Dehradun. Through this application, the Applicant seeks his release on bail.
5.
Learned counsel for the Applicant makes a submission that the Applicant has falsely been implicated in the instant case; there is no independent witness of the alleged recovery made by the police.
6. It is further submitted that absence of the inventory report constitutes a violation of the procedure under Section 52-A in the NDPS Act.
7.
Learned counsel for the Applicant further makes a submission that the Applicant is in jail since 13.04.2024 i.e. for last more than 16 months and the trial is still pending and it does not seem to be completed in the year future. It is, therefore, submitted
2025:UHC:9260 here that it has already been six months after charges have been framed upon the Applicant and till date no prosecution evidence have been done. The conclusion of the trial will take a considerable time to get concluded, therefore, the Applicant is entitled to be released on bail.
8. Learned State counsel vehemently opposed the bail application as the Exhibit 1 gave positive test for Charas and the 1st Bail Application No.1702 of 2024 was rejected by this Court on 20.02.2025 and there is no new ground in the present bail application except the delay in the trial proceedings.
9. Having considered the submissions of learned counsel for the parties but without expressing any opinion about the final merits of the case, the Applicant is admitted to bail on furnishing bail bond with two sureties in the amount of ₹30,000/- and personal bond of the like amount to the satisfaction of the Trial Court concerned.
10. Accordingly, the 1st Bail Application stands allowed.
(Ashish Naithani, J.)
14.10.2025 Akash
AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518c 148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c8918 23fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.10.15 17:25:28 +05'30'