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2025 DAILYLAW 13084 (UTT)

VAKEEL v. STATE OF UTTARAKHAND

BA1/2260/2024 · 2025-01-06

Ravindra Maithani

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Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.2260 of 2024 Vakeel …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. D.N. Sharma and Ms. Manju Bahuguna, Advocates for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State. With First Bail Application No.2279 of 2024 Irshad Ahmad …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. D.N. Sharma and Ms. Manju Bahuguna, Advocates for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State. Hon’ble Ravindra Maithani, J. (Oral) Since both these bail applications arise from one and the same FIR, they are being heard together and decided by this common order. 2. The applicants Vakeel and Irshad Ahmad are in judicial custody in FIR No.457 of 2024, dated 12.09.2024, under Sections 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station 2 Rudrapur, District Udham Singh Nagar. They have sought their release on bail. 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, narcotic substances in commercial quantity was allegedly recovered from the possession of the applicant on 12.09.2024. 5. Learned counsel for the applicants would submit that the case is false; the alleged Inventory Report was prepared on the spot, but it bears the FIR number, which was lodged much thereafter. 6. The Court wanted to know, as to how the FIR number could be recorded in the Inventory Report, which was prepared at the time of alleged recovery? Learned State counsel would submit that there is no such explanation given by the police on this aspect. It makes out the case for bail. 7. Having considered, this Court is of the view that these are the cases fit for bail and the applicants deserve to be enlarged on bail. 8. The bail applications are allowed. 3 9. Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the court concerned. (Ravindra Maithani, J.) 06.01.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.01.06 18:33:08 +05'30'