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2025 DAILYLAW 6880 (UTT)

NEERAJ KAITHAIT v. STATE OF UTTARAKHAND

BA1/877/2025 · 2025-07-08

Ashish Naithani

body2025

Judgment text

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:5869 BA1 No.877 of 2025 Hon’ble Ashish Naithani, J. Mr. Ankur Sharma, learned counsel for the Applicant. 2. Mr. Rakesh Negi, learned Brief Holder 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 dated 27.04.2024 being Case Crime No.181 of 2024 for the offence punishable under Section 8, 20, 29, 60 of N.D.P.S. Act, 1985, registered at P.S. Raipur, District Dehradun for possession of 1270 grams of contraband named ‘charas’. 4. Heard Mr. Ankur Sharma, learned counsel for the Applicant and Mr. Girish Chandra Joshi, learned AGA for the State of Uttarakhand. 5. As per the story narrated in the FIR on 27.04.2024 co-accused, namely, Ayush Rawat was caught red handed with 1270 grams charas. However at the time of incident the applicant ran away and the car shown in the present crime is belonging to the applicant. 6. Learned counsel for the Applicant submits that the Applicant is innocent person and he has been falsely implicated in the present matter. He submits that there is no eye witness of the incident. Learned counsel for the Applicant further submits that co-accused Ayush Rawat @ Ayush Singh Rawat, who is the main accused, has already been granted bail by this Court vide order dated 19.02.2025 in the same offence , thus on the ground of parity Applicant is also entitled to be released on bail. 7. Learned State Counsel also concedes this fact. 8. After hearing the learned counsel for the parties, on perusal of the record and without going into the merits of the case, this Court is of the opinion that the Applicant is entitled to be released on bail. 9. Accordingly, the bail application is allowed. Let the Applicant- Neeraj Kaithait be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of Magistrate concerned. (Ashish Naithani, J.) 08.07.2025 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: 2025.07.10 10:20:23 +05'30'