HIGH COURT OF UTTARAKHAND AT NAINITAL
Third Bail Application No.47 of 2024
Lalit Thapa ….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:-
Mr. Vikas Singh Yadav, Advocate for the applicant.
Ms. Manisha Rana Singh, AGA for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in FIR No.318
of 2022, under Sections 8/22 of the Narcotic Drugs and
Psychotropic Substances Act, 1985, Police Station
Banbhulpura, District Nainital. He has sought his release
on bail.
2. Heard learned counsel for the parties and
perused the record.
3. This is the third bail application of the
applicant. The first bail application was dismissed as
withdrawn on 05.04.2023 and the second bail application
was dismissed as withdrawn on 04.12.2023.
4. Learned counsel for the applicant would
submit that the charge sheet was submitted on
09.12.2022; charges were framed on 28.02.2022; PW1
2
was examined on 05.09.2023 and PW3 was examined on
29.01.2024. But thereafter, till date, no witness has been
examined.
5. These factual aspects have not been denied by
the learned State counsel.
6. It is a case pertaining to recovery of commercial
quantity of the narcotic substance 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 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. In between, for more than six months, no progress
was made in the case. The trial has yet not concluded. It
commands the Court to release the applicant on bail.
8. 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.
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9. The third 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)
31.07.2024
Ravi