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High Court of Uttarakhand · body

2025 DAILYLAW 13 (UTT)

KRIPAL RAM v. STATE OF UTTARAKHAND

BA1/2537/2025 · 2026-03-17

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 2537 of 2025 Hon’ble Alok Mahra, J. Mr. Amit Kapri, Advocate for the applicant. 2. Mr. Dinesh Chauhan, A.G.A. for the State. 3. The applicant – Kripal Ram, who is in judicial custody in connection with FIR/Case Crime No. 007 of 2025, under Sections 8 and 20 of NDPS Act, registered at P.S.- Kapkote, District Bageshwar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. In the present case, an FIR was lodged on 07.02.2025, under Sections 8 and 20 of NDPS Act, whereby, 1 Kg, 122 grams of charas was alleged to be recovered from the possession of the applicant. 6. Learned counsel for the applicant submits that applicant is innocent and he has falsely been implicated in this case; that he has been languishing in jail since 07.02.2025. Learned counsel for the applicant has further submitted that the inventory report and arrest memo were allegedly prepared at the spot prior to the lodging of the F.I.R., however, all such documents bear the F.I.R. number. Learned counsel submits that, on this basis, recovery appears to be planted and this circumstance creates a serious doubt about the genuineness of the prosecution version. If the documents were prepared before registration of the F.I.R., the mention of the F.I.R. number on such documents indicates ante-timing and manipulation. It is further submitted that there is no corresponding General Diary (G.D.) entry reflecting the time of registration of the F.I.R. number, thereby casting additional doubt on the authenticity of the prosecution case. 7. Learned State Counsel, on the other hand, has vehemently opposed the bail application. 8. Having considered the submissions, under the facts and circumstances of the case and also considering the fact that inventory report and arrest memo were allegedly prepared at the spot prior to the lodging of the F.I.R., however, all such documents bear the F.I.R. number, 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 personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject to the following conditions:- (a) The applicant shall not leave the country without prior permission of the court. (b) The applicant shall appear before the investigating officer as and when required and cooperate with the investigation. (c) The applicant shall not tamper with evidence or witnesses, either directly or indirectly and shall not indulge in any criminal activity while on bail. (d) The applicant shall surrender his passport, if any, to the court or to the investigating agency, to preclude risk of absconding. 11. The bail granted to the applicant shall be liable to be cancelled in the event of any violation of the aforesaid conditions or if the applicant is found to have misused the liberty granted to him. (Alok Mahra J.) 17.03.2026 Ujjwal