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2025 DAILYLAW 8989 (UTT)

ROSHAN KUMAR v. STATE OF UTTARAKHAND

BA1/1224/2025 · 2025-07-17

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6216 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1224/2025 Hon'ble Rakesh Thapliyal, J. 1. Ms. Swaleha Hussain, Mr. Siddharth Tomar and Ms. Geeta Sijwan, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant Roshan Kumar, S/o Birmal is praying for regular bail in relation to FIR dated 06.12.2017, bearing FIR/Case Crime No. 85 of 2017, registered at P.S. Ranipokhri District Dehradun wherein the present applicant was implicated for the offences punishable under Section 8/20 of the NDPS Act. 4. It is contended by the learned counsel for the applicant that earlier applicant was granted default bail on 05.02.2018, and, thereafter charge sheet was filed and the trial was commenced and the matter was transferred from Dehradun to Rishikesh on 09.07.2018. She further submits that the applicant was not aware about the transfer of the trial from Dehradun to Rishikesh, and no notice for appearance was served upon him due to which he could not appear before the Trial Court. Consequently, on 16.09.2021, non bailable warrant was issued and thereafter he was arrested on 03.11.2025. She further submits that, since, only because of the reason that the applicant was not aware about the transfer of the proceedings from Dehradun to Rishikesh, he could not appear before the trial court. 5. On the other side, Mr. V.S. Pal, learned A.G.A. has not disputed this fact that the applicant was earlier granted default bail but due to non appearance of the applicant on so many dates before the trial court N.B.W. was issued against him. 2025:UHC:6216 6. Be that as it may, the trial has already been commenced and the applicant was on default bail earlier, this Court is of the view that there is no need of custodial interrogation of the applicant, therefore, the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 8. Let the applicant “Roshan Kumar” 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 regularly attend the trial court proceeding and will not seek any unnecessary adjournment failing which the trial court is free to proceed against the applicant including cancellation of bail. (Rakesh Thapliyal, J.) 17.07.2025 Parul 2025:UHC:6216