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2025 DAILYLAW 7261 (UTT)

DEEPAK KUMAR v. STATE OF UTTARAKHAND

BA1/928/2025 · 2025-07-10

Alok Mahra

body2025

Judgment text

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2025:UHC:5980 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/928/2025 Hon’ble Alok Mahra, J. Mr. Tajhar Qayyum, learned counsel for the applicant. 2. Mr. Akshay Latwal, learned A.G.A. for the State. 3. Applicant- Deepak Kumar, who is in judicial custody in connection with FIR No. 567 of 2024, under Sections 8/20/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985, registered at Police Station Gangneher, District Haridwar has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. The name of the present applicant has surfaced only on the basis of confessional statement of the co- accused Pankaj. He would further submit that although the co-accused Pankaj was apprehended with possession of 1.136 kg of charas, the inventory report prepared by the arresting officer is on 06.10.2024, whereas the F.I.R. was registered on 07.10.2025. Surprisingly, the said inventory report bears Case Crime No. 567 of 2024 under Section 8/20 of the N.D.P.S. Act, even though the said case crime number did not exist on the date the inventory report was allegedly prepared, therefore, this discrepancy creates serious doubt about the authenticity and credibility of the case of the prosecution. 6. Learned counsel for the applicant would further submit that the applicant is languishing in jail since 18.05.2025. No recovery has been made from the applicant, and there is no independent witness to support the allegations against him. It is also submitted that the co-accused Pankaj Kumar 2025:UHC:5980 has already been granted bail by this Hon’ble Court vide order dated 22.04.2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity. 8. Per contra, learned State counsel would oppose the bail application. However, he would fairly concede that co-accused Pankaj Kumar in the same crime has been granted bail by this Court and that the applicant is in judicial custody since 18.05.2025. 9. Having considered the submissions made by both parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 10. Accordingly, the 1st bail application is allowed. 11. Let the applicant Deepak Kumar be released on bail in the aforesaid case on his executing a personal bond and furnishing two reliable sureties each in the like amount, to the satisfaction of the court concerned. [ (Alok Mahra, J.) 10.07.2025 Mamta 2025:UHC:5980