Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 2367 of 2024
Yogesh Singh Jetha
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. Karan Singh Dugtal, Advocate for the applicant. Mr. Siddhartha Bisht, AGA with Mr. Himanshu Sain, Brief Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Yogesh Singh Jetha is in judicial custody in FIR No. 5 of 2024 dated 13.01.2024, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Dharchula, District Pithoragarh. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, on 12.01.2024, police intercepted the applicant and the co-accused and from the possession of the applicant, Charas in commercial quantity was recovered.
4.
Learned counsel for the applicant would submit that the co-accused has already been granted bail. He would submit that the prosecution case is not reliable because, according to the FIR, the inventory report was prepared at the spot; but, it records the FIR number, which was lodged much after the alleged recovery.
5.
The Court wanted to know from the learned State Counsel as to whether the inventory report was prepared at the spot and if so, how the inventory report bears the FIR Number?
2
6.
Learned State Counsel admits that the inventory was prepared at the spot, but it bears the FIR number. He would submit that the FIR number is subsequently mentioned in the inventory report.
7.
If the inventory report was prepared at the spot, when the FIR was not lodged, how could FIR number find mention on the inventory report?
8.
Having considered, 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)
10.03.2025 Avneet/