Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.2042 of 2024
Mukesh Kumar
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. Vikas Anand, Advocate for the applicant. Mr. Siddharth Bisht, A.G.A. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in FIR No. 148 of 2024, under Section 8/20/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Pulbhatta, District Udham Singh Nagar.. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, ganja in commercial quantity was recovered from the possession of the applicant.
4.
Learned counsel for the applicant would submit that the entire recovery is false. The recovery memo reveals that inventory report was prepared at the spot, but it contains the FIR number, which was lodged much after the alleged recovery.
5.
Learned State counsel would submit that the FIR number was recorded in the inventory report after lodging of the FIR.
2
6.
The Court wanted to know from the learned State counsel as to how FIR number could subsequently entered into the inventory report? Who entered it? Where is the record in this connection? Nothing has been revealed by the learned State counsel. It makes out a case for bail
7.
Having considered the entirety of facts, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
8.
The bail application is allowed.
9.
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) 25.02.2025 Jitendra