Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8394 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/1749/2024
Hon’ble Alok Mahra, J.
Mr. Rajat Mittal, learned counsel for the applicant.
2. Mr. Deepak Bisht, learned Deputy A.G. for the State.
3. Applicant – Gajraj Singh, who is in judicial custody in connection with Case Crime/F.I.R. No. 209 of 2024, under Sections 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has sought his release on bail.
4. Heard learned counsel for the parties and perused the record.
5. As per the prosecution case, on 03.07.2024 at about 5:25 a.m., the informant lodged an F.I.R. alleging that on 02.07.2024 at about 10:59 p.m., during routine checking, the applicant was apprehended by the police team and 1214 grams of smack was recovered from the bag hanging on his right shoulder.
6.
Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated. He contends that the process of recovery from the applicant allegedly commenced at 7:50 p.m. on 02.07.2024 and was completed at about 10:50 p.m. on the same day, yet the F.I.R. was lodged only on 03.07.2024 at 5:25 a.m.
7.
Learned counsel for the applicant would further submit that though the arrest memo was admittedly prepared on the spot, it already contains the F.I.R. number, which could not have been possible since the F.I.R. was lodged subsequently. This, according to counsel, casts serious doubt on the fairness of the prosecution case. He further submits
2025:UHC:8394 that the G.D. entry does not record that the F.I.R. number was inserted in the arrest memo later. In fact the G.D. entry was made on 03.07.2024 at 2.48 a.m., whereas the F.I.R. came to be registered on the same day at 5.25 a.m. and even the G.D. entry contained the F.I.R. number. The applicant is in custody since 03.07.2024.
8. Learned State counsel has opposed the bail application. However, he fairly admits that the arrest memo, prepared on the spot prior to lodging of the F.I.R., contains the F.I.R. number, even the G.D. entry which was made prior to registering the F.I.R. contains F.I.R. number. Learned State counsel further admits that the applicant is in judicial custody since 03.07.2024.
9. Having considered the submissions made by both parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
10. Accordingly, the 1st bail application is allowed.
11. Let the applicant be released on bail in the aforesaid case on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.
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(Alok Mahra, J.)
19.09.2025 Mamta
2025:UHC:8394