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2025 DAILYLAW 1174 (UTT)

ARUN KUMAR v. STATE OF UTTARAKHAND

BA1/61/2025 · 2025-01-10

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.61 of 2025 Arun Kumar and another …..….....Applicants Versus State of Uttarakhand ….….Respondent Present:- Mr. Karan Singh Dugtal, Advocate for the applicants. Ms. Manisha Rana Singh, Deputy Advocate General for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicants Arun Kumar and Gaurav Kumar are in judicial custody in FIR No.443 of 2024, dated 25.12.2024, under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Haldwani, District Nainital. They have sought their release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 25.12.2024, 408 Grams Charas was recovered from the possession of the applicants. 4. Learned counsel for the applicants would submit that it is a case of non-compliance of the provisions of the Act; nothing was recovered from the 2 possession of the applicants and the applicants have no criminal history. 5. Learned State counsel would submit that the bail rejection order does not reveal that the applicants are the previous convict. 6. Having considered, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail. 7. The bail application is allowed. 8. Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, by each one of them; to the satisfaction of the court concerned. (Ravindra Maithani, J.) 10.01.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d 1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84 B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.01.10 17:07:01 +05'30'