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2025 DAILYLAW 1713 (UTT)

PUSHKAR SINGH v. STATE OF UTTARAKHAND

BA1/159/2025 · 2025-02-12

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.159 of 2025 Pushkar Singh …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Amit Kapri, Advocate for the applicant. Mr. Akshay Latwal, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in FIR/Case Crime No.36 of 2024, dated 19.12.2024, under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Thatyud, District Tehri Garhwal. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 19.12.2024, police recovered 500 Grams Charas from the possession of the applicant. 4. It is argued that the nothing was recovered from the possession of the applicant; the allegedly recovered quantity is less than commercial; there in no independent witness of the alleged recovery; it is a case of 2 non compliance of the provisions of the Act; and the applicant is not a previous convict. 5. Learned State counsel would submit that the bail rejection order does not reveal that the applicant is a previous convict. 6. 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. 7. The bail application is allowed. 8. 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.) 12.02.2025 Sanjay