HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No.67 of 2025 Haider @ Langda ….....Applicant Versus The State of Uttarakhand ….….Respondent Present:- Mr. Kamlesh Budhlakoti, 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 in Special Sessions Trial No. 37 of 2024, in Case Crime No. 392 of 2023, under Section 8/20/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Vikasnagar, District Dehradun. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is second bail application of the applicant. His first bail application was rejected on merits on 17.12.2024. 4. According to the FIR, on 01.10.2023, 1.510 kg. Charas in commercial quantity was allegedly recovered from the applicant. 5. It is argued that the cognizance in the matter was taken on 27.03.2024; charge was framed on 27.04.2024; thereafter, not even a single witness has been examined. 6. It is a case of recovery of Charas 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 2 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. 7. The applicant is in custody for more than a year. For more than six months in between not even a single witness was examined. 8. Having considered the facts and circumstances of the case, 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) 05.04.2025 Jitendra