DEEPAK BHATT ALIAS DEEPAK CHANDRA v. STATE OF UTTARAKHAND
BA1/1188/2025 · 2025-07-30
Rakesh Thapliyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8787 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8787 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6657 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/1188/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. K.K. Harbola, learned counsel for the applicant..
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. Present applicant Deepak Bhatt @ Deepak Chandra, S/o Pan Dev is praying for bail in relation to FIR dated 19.05.2025, registered as FIR/Case Crime No. 15 of 2025 at P.S. Pati, District Champawat wherein one person Ashok Chandra Bhatt was implicated for the offences punishable under Section 8/20 read with Section 60 of the NDPS Act.
4. It is argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated and the alleged recovery of the contraband, i.e., 2.520 kgs charas is shown to be recovered from the main accused, namely, Ashok Chandra Bhatt who is, in fact, named in the FIR and there is no recovery from the present applicant. He further submits that after search and seizure of the contraband from Ashok Chandra Bhatt name of the present applicant came into light that too based upon the statement of the other co- accused. He submits that disclosure of name of the present applicant by the other co-accused that too on the basis of the confessional statement is not admissible. Apart from this he submits that Section 37 of the NDPS Act will not come into the way since there is no recovery from the present applicant. Apart from this, he submits that when the applicant came to know that co-accused has disclosed his name he himself surrendered before the Court. Apart from this he submits that the applicant has no previous criminal history
2025:UHC:6657 and is languishing in jail since 30.05.2025.
5. On the other side, Mr. V.S. Pal, learned A.G.A. fairly submits that there is no recovery from the present applicant and the recovery is from the other co- accused and also submits that applicant has no previous criminal history. He further apprise to this Court that investigation is still going on.
6. After hearing the arguments of the
learned counsel for the parties and taking into
consideration that there is no recovery from the present applicant, and furthermore applicant has no previous criminal history and is languishing in jail since 30.05.2025, this Court is of the view that the applicant deserves for bail subject to some stringent condition.
7. Accordingly without expressing any opinion on the merits of the case the bail applicant is allowed.
8. Let the applicant Deepak Bhatt @ Deepak Chandra be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
9. It is made clear that after being released on bail the applicant shall cooperate with the pending investigation and will not indulge in any such criminal activity and if he is found to be involved in any such activity, the prosecution is free to move an application for bail cancellation
(Rakesh Thapliyal, J.)
30.07.2025 Parul
2025:UHC:6657