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2025 DAILYLAW 7273 (UTT)

SHUBHAM v. STATE OF UTTARAKHAND

BA2/135/2025 · 2025-07-17

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No. 135 of 2025 Shubham ….....Applicant Versus State of Uttarakhand .…. Opposite Party Present:- Mr. Pawan Mishra, Advocate for the applicant. Mr. V.S. Rawat, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant Shubham is in judicial custody in Case Crime/FIR No. 4 of 2024, under Sections 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Raipur District Dehradun. He has sought his release on bail. 2. This is second bail application of the applicant. His first bail application has already been rejected by this Court on 23.04.2024. 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, on 02.01.2024, police intercepted a school van, but the applicant tried to flee from the place of incident. He was intercepted. But, meanwhile, the applicant threw a bag out from the vehicle. It was checked. It had narcotic substances. The applicant was the only occupant of the vehicle. He confessed that he is into the business of narcotic substances. 5. Learned counsel for the applicant submits that the entire prosecution case is false, because, according to the prosecution case, 2 the arrest memo was prepared at the spot, but it bears the FIR number, which was lodged much after the arrest. 6. Learned State Counsel admits that the arrest memo was prepared at the spot, but it bears FIR number. He submits that there is no document to reveal as to how arrest memo bears the FIR number, which was recorded much after the arrest. 7. Having considered, 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.) 17.07.2025 Avneet/