2025:UHC:5447 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 1115 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Harshpal Sekhon, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA for the State. 3. The present applicant-Kala Khan alias Kale S/o Shri Shafi Khan is facing trial arising out of FIR dated 31.03.2016 bearing FIR No.82 of 2016 for the offence punishable under Section 8/22 of the NDPS Act at Police Station Sitarganj District Udham Singh Nagar. 4. It is contended by learned counsel for the applicant that in this case the applicant was already granted bail by the trial Court and he was attending the proceeding of the trial on each and every date from 2016 up till 10.08.2023, but thereafter, due to unavoidable circumstances, he could not put his appearance in the trial Court. Subsequently, non-bailable warrant was issued against the present applicant. 5. It is submitted by learned counsel for the applicant that the applicant is a cardiac patient and is a resident of Punjab, therefore, he could not put his appearance on each and every date after 10.08.2023. 6. Subsequently, on 19.05.2025, the applicant was arrested and then he moved a bail application before the trial Court, but the same was rejected. 7. It is submitted by learned counsel for the applicant that if the applicant is enlarged on bail, he will not seek any adjournment and make all possible efforts to attend the trial Court proceedings. 8. Learned State Counsel has not disputed 2025:UHC:5447 this fact that the applicant was enlarged on bail in the year 2016 and up till 2023, he was attending the Court proceeding. 9. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the trial was commenced in the year 2016 and up till August 2023, the applicant regularly attend the Court proceeding, but, thereafter, he could not appear, on this ground alone, the bail of the applicant was denied, this Court is of the view that for atleast 07 years the trial continued from 2016 to 2023 but the trial Court could not be concluded, in such an eventuality, particularly when the applicant belongs to a different State, it is not possible for him to attend on each and every date in the trial court proceeding, which was pending since 2016, in such eventuality, the applicant deserves for bail. 10. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 11. Let the applicant, namely, Kala Khan alias Kale, 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. 12. It is made clear that after being released on bail the applicant shall join the proceeding of the trial Court without seeking any unnecessary adjournment. (Rakesh Thapliyal, J.) 26.06.2025 R.Bisht 2025:UHC:5447