Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
2nd Bail Application No. 56 of 2025
Deepak Singh
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. Abhishek Joshi, Advocate holding brief of Mr. Mukesh Rawat, Advocate for the applicant. Mr. Pramod Tiwari, Brief Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Deepak Singh is in judicial custody in FIR No. 132 of 2023, under Section 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. Clement Town, District Dehradun. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, on 23.12.2023, charas in commercial quantity was recovered from the possession of the applicant.
4.
Learned counsel for the applicant would submit that the entire case is false; according to the prosecution, arrest memo was prepared on the spot, but it bears the FIR number, which was lodged much after the alleged arrest.
5.
Learned State Counsel admits that the arrest memo bears the FIR number. He also admits that as per the prosecution the arrest memo was prepared on the spot, but as per the instruction, the FIR number was mentioned in the arrest memo after the FIR was lodged.
2
6.
The Court wanted to know from the learned State Counsel as to who recorded the FIR number in the record? When was it recorded? Where is the record in support of it? Learned State Counsel would submit that there is no record in support of it.
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)
25.04.2025 Avneet/