HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No. 312 of 2024 Rahul Jain ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Lalit Sharma, Advocate with Ms. Anmol Sandhu, Advocate for the applicant. Mr. Siddhartha Bisht, AGA with Mr. Himanshu Sain, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant Rahul Jain is in judicial custody in FIR No. 179 of 2023, under Section 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Raipur, District Dehradun. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the prosecution, narcotic substances in commercial quantity were recovered from the applicant on 26.04.2023. 4. Learned counsel for the applicant would submit that the applicant is in custody since the date of his arrest on 27.04.2023; the charge sheet was filed on 11.10.2023; the charges were framed on 24.11.2023; PW 1 was examined on 26.04.2024 and PW 2 was examined on 02.09.2024; thereafter no witness has been examined. 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 2 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 one year. Trial has not been concluded as yet. There is a huge gap between two stages of trial. 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. 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.) 11.03.2025 Avneet/