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  1. Home/
  2. Library/
  3. High Court Of Uttarakhand/
  4. 2024/
  5. July

Kalu Chauhan Alias Sameer vs. State of Uttarakhand

Decided on 31 July 2024• Citation: BA1/1453/2024• High Court of Uttarakhand
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                   HIGH   COURT    OF  UTTARAKHAND        AT  NAINITAL              
                          First Bail Application No.1453  of 2024                   
                  Kalu Chauhan   alias Sameer             ….......Applicant         
                                           Versus                                   
                  State of Uttarakhand                   ….….Respondent             
                  Present:-                                                         
                       Mr. Saurabh Adhikari, Advocate for the applicant.            
                       Mr. Virendra Singh Rawat, AGA for the State.                 
                  Hon’ble  Ravindra   Maithani,  J. (Oral)                          
                            The   applicant  is  in  judicial custody   in          
                  FIR/Case   Crime  No.234   of 2024,  dated  12.06.2024,           
                  under   Sections  8/20   of  The  Narcotic  Drugs   And           
                  Psychotropic  Substances  Act, 1985   (“the Act”), Police         
                  Station Haldwani,  District Nainital. He has sought  his          
                  release on bail.                                                  
                  2.        Heard   learned counsel  for the  parties and           
                  perused  the record.                                              
                  3.        According  to  the  FIR  on  12.06.2024,  764           
                           Charas                                                   
                  Grams             was   allegedly  recovered  from  the           
                  possession of the applicant.                                      
                  4.        It is the case of the applicant that the allegedly      
                  recovered quantity is less than commercial; it is a case of       

                                              2                                     
                  non-compliance   of the mandatory  provisions of the Act          
                  and  the applicant is not a previous convict.                     
                  5.        Learned  State counsel would submit that the            
                  bail rejection order does not reveal that the applicant is        
                  a previous convict.                                               
                  6.        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.                                              
                  7.        The bail application is allowed.                        
                  8.        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                  
                  Sanjay