Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.2676 of 2023
Vijay Vishwas @ Birju
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. Vikas Anand, Advocate for the applicant. Ms. Manisha Rana Singh, A.G.A. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in FIR No. 347 of 2023, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Transit Camp, District Udham Singh Nagar. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, narcotic substance in commercial quantity was allegedly recovered from the possession of the applicant on 20.11.2023
4.
Learned counsel for the applicant would submit that the entire case is false; the inventory report was prepared at the time of alleged recovery, but it bears the FIR number which doubts its credibility because FIR was lodged much after the alleged recovery.
2
5.
Learned State counsel admits that the inventory report bears the FIR number. It is also undisputed that FIR was lodged much after the alleged recovery. 6
The Court wanted to know from the learned State counsel as to how FIR number could subsequently be entered into the inventory report? Who entered it? Where is the record in this connection? Nothing has been revealed by the learned State counsel. It makes out a case for bail
7.
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.
8.
The bail application is allowed.
9.
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) 10.01.2025 Jitendra