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. 1672 of 2025 Hon ’ble Alok Mah r a, J.
Mr. Ravindra S. Rawat, learned counsel for the applicant.
2. Mr. Rakesh Joshi, learned A.G.A. for the State.
3. The applicant – Asheesh Mishra, who is in judicial custody in connection with FIR/ Case Crime No. 11 of 2025, under Section 8 r/ w 20 of NDPS Act, registered at Police Station - Salt, District Almora, has sought his release on bail.
4.
Learned counsel for the applicant would submit that the applicant has falsely been implicated in the case; that applicant was apprehended at about 06: 00 AM in the morning and the contraband alleged to have been ganja weighing 37.400 Kg was recovered from him.
5. As per the FIR, the inventory was prepared on the spot and applicant was arrested at about 06: 00 AM while FIR was lodged at 09: 23 AM i.e. after more than three hours.
6.
Learned counsel for the applicant would submit that applicant has falsely been implicated in the case inasmuch as though the FIR was lodged after a gap of three hours, but, the inventory report as well as the arrest memo contains the FIR number. Learned counsel for the applicant would further submit that there is no corresponding entry in the G.D. regarding the entry of the FIR number.
7.
Learned counsel for the applicant would further submit that the applicant has no previous criminal history. Thus, both the
conditions as specified under Section 37 of the NDPS Act are satisfied. Firstly, the entry of the FIR number in the inventory report and the arrest memo which were prepared earlier to lodging of the FIR, makes the whole recovery doubtful and secondly, since the applicant has no previous criminal history, therefore, if the applicant is bailed out there is no such possibility that he would commit the same offence repeatedly.
8. Learned State Counsel, on the other hand, has vehemently opposed the bail application.
9. Heard learned counsel for the parties and perused the record.
10. Considering the submission of learned counsel for the parties and also considering the fact that since FIR number is entered in the inventory report and the arrest memo, which was prior to lodging of the FIR, makes the whole recovery doubtful, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage.
11. The bail application is allowed.
12. Let the applicant be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.
( Alok Mah r a J.)
14.05.2026 Ujjwal