HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 1432 of 2025 Dinesh Thakur ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Saurabh Kumar Pandey, Advocate for the applicant. Mr. V.S. Rawat, A.G.A. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody FIR/Case Crime No. 0038 of 2023, under Section 8/22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Ramnagar, District Nainital. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. It is a case of recovery of commercial quantity of narcotic substance from the possession of the applicant on 19.01.2023. 4. Learned counsel for the applicant submits that the applicant is in custody since 19.01.2023; charges were framed on 27.09.2023, but till then, no witness has yet been examined. The applicant has never sought any adjournment in the case. 5. These factual aspects have not been denied by the learned State counsel. 6. It is a case pertaining to recovery of narcotic substances in commercial quantity and in such cases, Section 37 of the Act makes specific provisions. Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is 2 not likely to commit any offence while on bail. But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial. 7. The applicant is in custody for more than a year. For more than six months, no progress has been done and not even a single witness has been examined. 8. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail. 9. The bail application is allowed. 10. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. (Ravindra Maithani, J.) 12.08.2025 Ravi Bisht