Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT’S OR JUDGES’S ORDERS
No
and Registrar’s
order with
Signatures
31.01.2024 BA1 No. 132 of 2024
Sri Rakesh Thapliyal, J.
1. Mr. Sanjay Bhatt, learned counsel for the applicant.
2. Mr. V.K. Gemini, learned Deputy Advocate General
assisted by Mr. Sachin Sharma, learned Brief Holder for the
State- respondent.
3. The present applicant is seeking bail in relation to FIR
No.07 of 2024, for the offences punishable under Section
8/20 of the Narcotic Drugs and Psychotropic Substance Act,
1985, P.S. Kathgodam, District Nainital.
4. Learned counsel for the applicant submits that the
applicant has been implicated for alleged recovery of 314
gram Charas, which is below the commercial quantity. He
further submits that there is no compliance of Sections 42
and 50 of the NDPS Act. He further submits that the
present applicant is languishing in jail since 08.01.2024.
However, the investigation is still going on, and the charge-
sheet has not been filed.
5. On instructions, Mr. Gemini, learned Deputy
Advocate General, submits that the applicant was also
implicated in FIR No.287 of 2021 for the offence punishable
under Section 376, 452, 504 and 506 IPC.
6. In reference to this, learned counsel for the applicant
submits that in respect of the aforesaid case, the present
applicant was in live-in-relationship with the complainant,
and the bail was granted by the Trial Court.
7. Mr. Gemini, learned Deputy Advocate General fairly
submits that there is no other pending case against the
present applicant in respect of the NDPS Act, 1985.
8. Without expressing any opinion on the merits of the
case, this Court is of the view that it is a fit case for grant
of bail.
9. The bail application is allowed.
10. Let the applicant Vijay Joshi@ Vicky Joshi be released
on bail on his executing a person bond and furnishing two
reliable sureties of the like amount to the satisfaction of the
court concerned with the following conditions:
i) Applicant shall attend the Trial Court regularly and he
shall not seek any unnecessary adjournment.
ii) Applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of this case.
iii) Applicant shall not leave the country without previous
permission of the Trial Court.
iv) In case the applicant is found to be involved in future
in any other similar case, or misuses or violates any of
the conditions imposed on him while granting bail, the
prosecution is free to move an application for cancellation
of bail.
(Rakesh Thapliyal, J.)
Vacation Judge
31.01.2024
9
NISHANT