HIGH COURT OF UTTARAKHAND AT NAINITAL Third Bail Application No. 03 of 2025 Javed Alam ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Mani Kumar, Advocate for the applicant. Ms. Manisha Rana Singh, D.A.G. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody FIR/Case Crime No. 264 of 2023, under Section 8/22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Gadarpur, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is the third bail application. The first bail application, being BA1 No.107 of 2024, was rejected on 20.03.2024. The second bail application, being BA2 No.217 of 2024, was dismissed as withdrawn on 02.01.2025. 4. According to the FIR, narcotic substance, in commercial quantity, was recovered from the applicant on 22.11.2023. 5. Learned counsel for the applicant would submit that in the instant matter, chargesheet was submitted on 22.05.2024; cognizance was taken on 27.05.2024, but thereafter, nothing had happened, and charges could be framed on 05.04.2025, and till date, not a single witness has been examined. 2 6. These factual aspects have not been denied by the learned State counsel. 7. It is a case pertaining to recovery of narcotic substance in commercial quantity and in such cases, Section 37 of the Act 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. 8. The applicant is in custody for more than a year. In between, for more than six months, no progress was made in the case. The trial has yet not concluded. It commands the Court to release the applicant on bail. 9. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail. 10. The bail application is allowed. 11. 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.) 09.06.2025 Ravi Bisht