HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Third Bail Application No. 73 of 2024 Asif ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Lalit Miglani, Advocate for the applicant through video conferencing. Mr. Pramod Tiwari, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in Case Crime No. 380 of 2022, under Section 8/22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Kaliyar Shareef, District Haridwar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is third bail application of the applicant. The first bail application of the applicant was rejected by this Court on 28.03.2023. The second bail application was treated as short term bail application and was disposed of on 10.04.2024. 4. Learned counsel for the applicant would submit that the applicant was arrested on 07.08.2022; cognizance was taken on 17.10.2022, charges were framed on 2 02.01.2023. It is submitted that PW1 was examined on 05.08.2023, PW2 was examined on 30.09.2023; PW3 was examined on 05.01.2024 and PW 4 was examined on 26.11.2024, but thereafter, no witness has been examined. The applicant has never sought any adjournment in the case. 5. These factual aspects have not been denied by the learned State counsel. 6. It is a case pertaining to recovery of narcotic substances in commercial quantity and in such cases, Section 37 of the Act makes specific provisions. Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial. 7. The applicant is in custody for more than a year. In between, for more than six months, no progress was made in the case. The trial has yet not concluded. It commands the Court to release the applicant on bail. 8. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail. 3 9. The bail application is allowed. 10. 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.) 24.02.2025 Avneet