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2025 DAILYLAW 833 (UTT)

HARISH CHANDRA v. STATE OF UTTARAKHAND

BA1/21/2025 · 2025-01-08

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.16 of 2025 Rohit Kumar …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Ms. Sheetal Selwal, Advocate for the applicant. Mr. Virendra Singh Rawat, AGA for the State. With First Bail Application No.21 of 2025 Harish Chandra …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Ms. Sheetal Selwal, Advocate for the applicant. Mr. Virendra Singh Rawat, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) Since both these bail applications arise from one and the same FIR, they are being heard together and decided by this common order. 2. The applicants Rohit Kumar and Harish Chandra are in judicial custody in FIR No.27 of 2024, dated 30.12.2024, under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Mukteshwar, District Nainital. He has sought his release on bail. 2 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR on 30.12.2024, 447.5 Grams Charas was allegedly recovered from the possession of the applicant Rohit Kumar and 403 Grams Charas was allegedly recovered from the possession of the applicant Harish Chandra. 5. Learned counsel for the applicants would submit that the alleged recovered quantity is less than commercial; these are the cases of non-compliance of the provisions of the Act and the applicants are not the previous convict. 6. Learned State counsel would submit that the bail rejection order does not reveal that the applicants are the previous convict. 7. Having considered, this Court is of the view that these are the cases fit for bail and the applicants deserve to be enlarged on bail. 8. The bail applications are allowed. 9. Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable 3 sureties, each of the like amount, by each one of them, to the satisfaction of the court concerned. (Ravindra Maithani, J.) 08.01.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd50468 6df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC4 50A84B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.01.08 18:51:36 +05'30'