Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.734 of 2024
Ajay Singh Dariyal
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. Karan Singh Dugtal, Advocate for the applicant. Mr. Siddharth Bisht, A.G.A. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in Sessions Trial No. 39 of 2023, in FIR No. 40 of 2023, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Dharchula, District Pithoragarh. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, on 13.08.2023, drugs in commercial quantity was recovered from the possession of the applicant
4.
Learned counsel for the applicant would submit that the entire recovery is false. As per the FIR, the inventory report was prepared at the spot, but it bears the FIR number, which was lodged much after the alleged recovery. Reference has been made to the inventory report, which in fact, bears the FIR number.
2
5.
Learned State counsel admits that the inventory report was prepared at the spot and it also bears the FIR number which was entered at the police station.
6.
The Court wanted to know from the learned State counsel as to how FIR number could subsequently entered into the inventory report? Who entered it? Where is the record in this connection? Nothing has been revealed by the learned State counsel. It makes out a case for bail
7.
Having considered the entirety of facts, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
8.
The bail application is allowed.
9.
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) 03.01.2025 Jitendra