Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA1 No. 2387 of 2025 Hon ’ble Alok Mah r a, J.
Mr. Vinod Sharma and Mr. Kamlesh Budhlakoti, learned counsel for the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. This first bail application has been moved by the applicants – Viresh Singh and Jaiveer Singh, seeking regular bail in Case Crime/ F.I.R. No. 23 of 2025, under Sections 8/ 20/ 60 of NDPS Act, registered at Police Station Thatyud, District Tehri Garhwal.
4. In this case, applicants were apprehended on 08.09.2025 at about 06: 35 PM and 1.560 Kg of charas was allegedly recovered from the joint possession of the applicants.
5.
Learned counsel for the applicant would submit that as per the FIR, the inventory and the arrest memo were prepared on the spot. FIR was lodged after more than six hours of arrest of the applicant on 09.09.2025 at 12: 30 AM; that applicant has falsely been implicated in the case as there was a gap of more than six hours in arrest and lodging of the FIR, but, the arrest memo and the inventory report contains the FIR number. It is further submitted that applicant has no previous criminal history and as such both the conditions as imposed under Section 37 of NDPS Act are fulfilled in the present case.
6. Learned State Counsel, on the other hand, has vehemently opposed the bail application.
7. Heard learned counsel for the parties and perused the record.
8. Mentioning of the FIR number in the inventory report and arrest memo after six hours creates a serious doubt upon the prosecution
story and makes the whole recovery doubtful.
9. Considering the submission of
learned counsel for the parties and also considering the aforesaid facts, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicants deserve bail at this stage.
10. The bail application is allowed.
11. Let the applicants be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject to the following conditions: - (a) The applicants shall not leave the country without prior permission of the court. (b) The applicants shall appear before the investigating officer as and when required and cooperate with the investigation. (c) The applicants shall not tamper with evidence or witnesses, either directly or indirectly and shall not indulge in any criminal activity while on bail. (d) The applicants shall surrender their passport, if any, to the court or to the investigating agency, to preclude risk of absconding.
12. The bail granted to the applicants shall be liable to be cancelled in the event of any violation of the aforesaid conditions or if the applicants are found to have misused the liberty granted to them.
( Alok Mah r a J.)
13.05.2026 Ujjwal