HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No.297 of 2024 Rakesh Kumar ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Mani Kumar, Advocate for the applicant. Ms. Manisha Rana Singh, D.A.G. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR No. 574 of 2023, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Rudrapur, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is second bail application of the applicant. His first bail application was dismissed as withdrawn on 13.09.2024. 4. According to FIR, narcotic substance in commercial quantity was allegedly recovered from the possession of the applicant on 13.10.2023. 5. Learned counsel for the applicant would submit that the entire case is false; as per prosecution, the specimen seal and the inventory report were prepared at the spot, but 2 they bear FIR number which was lodged much after the alleged recovery. Reference has been made to the sample seal as filed in the record. 6. Learned State counsel would submit that inventory report was prepared at the spot which was subsequently certified by the Magistrate. 7. The question is how does the inventory report and sample seal bear the FIR number? Learned State counsel would submit that there is no instruction on this aspect 8. 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. 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) 07.01.2025 Jitendra