Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3179 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/1806/2024
Hon’ble Alok Mahra, J.
Ms. Divya Jain, learned counsel for the applicant.
2. Mr. Pratiroop Pande assisted by Mr. Devendra Singh, learned AGAs for the State.
3. Applicant- Prakash Chandra Arya, who is in Judicial custody in connection with Case Crime/FIR No. 03 of 2024, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Mukteshwar, District Nainital has sought his release on bail.
4. Heard learned counsel for the parties and perused the material available on record.
5.
Learned counsel for the applicant contends that the applicant was apprehended with the possession of charas weighing 1.542 Kg.; counsel for the applicant submits that according to Inventory Report, which was prepared on 29.01.2024 by the Arresting Officer, Case Crime No. 03 of 2024, under Section 8/20 of the NDPS Act was mentioned. Surprisingly enough, the Inventory Report was prepared on 29.01.2024 at 04:18 P.M. and the FIR was lodged at 19:56 hours on 29.01.2024. How the Inventory Report contains Case Crime No. 03 of 2024, which was not in existence before registration of the FIR, is a moot question, which substantiate the
arguments of the counsel for the applicant that the applicant has falsely been implicated in this case. Learned counsel for the applicant further submits that the applicant is languishing in jail since 30.01.2024.
2025:UHC:3179
6. On the contrary, learned State Counsel vehemently opposed the bail.
7. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that application deserves bail at this stage.
8. Accordingly the bail application is allowed.
9. Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.
(Alok Mahra, J.) 28.04.2025 Kaushal
2025:UHC:3179