Extracted from the PDF above. The PDF is authoritative.
2025:UHC:633 1
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
16TH JANUARY, 2025
FIRST BAIL APPLICATION NO.1082 OF 2024
Kunwarpal
..…Applicant
Versus
State of Uttarakhand
..…Respondent
Counsel for the Applicant: Mr. Mani Kumar,
Advocate. Counsel for the State : Mr. Akshay Latwal,
Brief Holder
Hon’ble Alok Kumar Verma,J.
The present Application has been filed for regular bail in connection with the First Information Report No.127 of 2024, registered at police station Kunda, District Udham Singh Nagar. 2. The applicant-Kunwarpal is in judicial custody under Section 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. As per the First Information Report, the applicant and one co-accused were apprehended by the police party on 03.04.2024 and recovered
2025:UHC:633 2 Buprenorphine injunctions and Diazepam injunctions from the possession of the present applicant and co- accused Shaukendra Kumar. The inventory report was prepared on the spot. 4. Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. Akshay Latwal, learned Brief Holder for the State. 5. Mr. Mani Kumar, Advocate, has contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. According to the recovery memo, inventory of recovered articles was prepared on the spot, while the FIR number (No.127of 2024) is mentioned in the inventory report (annexure no.1). He has further submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Moradabad (U.P.), therefore, there is no likelihood of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 6. Mr. Akshay Latwal, Brief Holder, has opposed the Bail Application. But, even after getting sufficient opportunity, the respondent has not been able to clarify under what circumstances the FIR number has been
2025:UHC:633 3 mentioned in the inventory report. 6. 7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage. 8. The Bail Application is allowed. 9. Let the applicant – Kunwarpal be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
___________________ ALOK KUMAR VERMA, J. Vacation Judge
Date: 16.01.2025 JKJ/Pant