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2025 DAILYLAW 5571 (UTT)

SAWEJ v. STATE OF UTTARAKHAND

BA1/697/2025 · 2025-04-24

Ashish Naithani

body2025

Judgment text

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2025:UHC:3025 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.697 of 2025 Hon’ble Ashish Naithani, J. Ms. Sangeeta Bhardwaj, 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 Case Crime/FIR No.40 of 2024 registered at Police Station Purola, District Uttarkashi 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 Ms. Sangeeta Bhardwaj, learned 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 28.11.2024, the applicant was allegedly found in possession of 2 kilograms and 16 grams of charas while driving a Bolero vehicle bearing registration number UK07TB 3305 near Mori Road, District Uttarkashi. A police team intercepted the vehicle, and the search allegedly yielded the recovery of contraband from a bag inside the vehicle. The applicant, along with two other persons, was arrested on the spot. 6. Learned counsel for the applicant submits that there is no independent witness of the incident; recovery was jointly made and applicant was only the passenger. He also 2025:UHC:3025 submits that co-accused- Shanti Prasad Bhatt 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-Sawej 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 cooperate with the investigation and shall not directly or indirectly make any inducement, thereat, or promise to any person acquainted with the facts of the case. (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 18:24:35 +05'30' 2025:UHC:3025