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2025 DAILYLAW 5363 (UTT)

DEEPAK SINGH v. STATE OF UTTARAKHAND

BA1/656/2025 · 2025-04-24

Ashish Naithani

body2025

Judgment text

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2025:UHC:3024 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.656 of 2025 Hon’ble Ashish Naithani, J. Mr. M.S. Pal, learned Senior Counsel assisted by Mr. Shivam Singh, learned counsel for the applicant. 2. Mr. Girish Chandra Joshi, learned AGA for the State. 3. Present bail application has been moved on behalf of the applicant. The applicant is in judicial custody in connection with FIR No.29 of 2023 registered at Police Station Paati, District Champawat for the offence punishable under Sections 8, 20, 60 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the N.D.P.S. Act). 4. Heard Mr. M.S. Pal, learned Senior Counsel for the applicant and Mr. Girish Chandra Joshi, learned AGA for the State of Uttarakhand. 5. As per first information report it is alleged that on 10.10.2023, a police team, while on routine checking duty, allegedly spotted a white Santro car (registration number UK03 C-5952) parked near Devidhura. It is alleged that upon seeing the police, two persons seated inside the car fled away. On inspecting the vehicle, the 2025:UHC:3024 police claim to have recovered 1 kg 605 gm of charas from a bag kept below the passenger seat, alongwith two mobile phones and sim card. 6. Learned counsel for the applicant submits that there is no previous criminal history; there is no independent witness of the incident. He further submits that applicant is languishing in jail since 21.05.2024. He also submits that co- accused Diwan Singh has already been enlarged on bail by this Court vide order dated 28.03.2025 in the similar offence, thus on the ground of parity applicant is also entitled to be released on bail. 7. Learned State Counsel has not opposed the bail application. 8. After hearing the learned counsel for the parties, on perusal of the record as well as considering the fact that co-accused has already been enlarged on bail and on the ground of parity applicant is also entitled to be released on bail, thus without going into the merits of the case, this Court is of the opinion the applicant be released on bail. 9. Accordingly, the bail application is allowed. Let the applicant-Deepak Singh be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of court concerned. The applicant shall not temper with the evidence, shall 2025:UHC:3024 cooperate with the trial proceedings, and shall not leave the country without prior permission of the trial court. Any infraction of these conditions shall entail cancellation of bail. (Ashish Naithani, J.) 24.04.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.04.24 18:23:56 +05'30'