HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.2445 of 2024
Babu Shah …..….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:-
Mr. Karan Singh Dugtal, Advocate for the applicant.
Ms. Manisha Rana Singh, Deputy Advocate General for the
State.
Hon’ble Ravindra Maithani, J. (Oral)
The applicant is in judicial custody in FIR
No.46 of 2024, dated 10.02.2024, under Sections
8/21/29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985, Police Station Khatima, District
Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and
perused the record.
3. According to the FIR, Smack in commercial
quantity was allegedly recovered from the possession of
the applicant.
4. Learned counsel for the applicant would
submit that the case is false; as per the prosecution, the
Inventory Report was prepared at the spot and it bears
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the FIR number, which was lodged much after the alleged
recovery.
5. Learned State counsel would admit that the
Inventory Report was prepared at the spot and it bears
the FIR number. But, according to her, as per
instructions, the FIR number was written on the
Inventory Report post lodging of the FIR by red ink. She
would also submit that this fact is nowhere mentioned in
the General Diary entry that the FIR number was
recorded in the Inventory Report post lodging of the FIR.
6. If Inventory Report was prepared at the spot,
how could it bear the FIR number which was lodged
much after the alleged recovery? There is no satisfactory
reply. What is told is that the FIR number was recorded in
the Inventory Report post lodging of the FIR, but no
document, as such has been produced which could reveal
it. It makes out the case for bail.
7. Having considered, this Court is of the view
that it is a case fit for bail and the applicant deserves to
be enlarged on bail.
8. The bail application is allowed.
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9. 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.)
31.12.2024
Sanjay
Digitally signed by SANJAY KANOJIA
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postalCode=263001, st=UTTARAKHAND,
serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A087CAEFD1B3179A
7DEAE40699, cn=SANJAY KANOJIA
Date: 2025.01.07 18:27:54 +05'30'