HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.448 of 2024
Arjun Chand alias Kalu Chand ….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:-
Mr. Pawan Sanwal, Advocate, holding brief of
Mr. Nivesh Bahuguna, Advocate for the applicant.
Mr. M.A. Khan, A.G.A. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in FIR No. 43 of
2021, under Section 8/20 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (“the Act”), Police
Station Ranipokhri, District Dehradun. He has sought his
release on bail.
2. Heard learned counsel for the parties and
perused the record.
charas
3. According to the FIR, in commercial
quantity was allegedly recovered from the possession of
the applicant on 27.02.2021.
4. It is argued that in the instant case charge-
sheet was submitted on 25.04.2022; charge was framed
on 20.05.2022; first witness was examined on
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02.06.2022; second witness was examined on 06.01.2023
and yet the trial has not been concluded.
5. These facts are not disputed by the learned
State counsel.
6. It is a case of recovery of commercial quantity
charas
of 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. For more than six months in between not even a
single witness was examined.
8. Having considered the facts and circumstances
of the case, this Court is of the view that it is a case fit for
bail and 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
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sureties, each of the like amount, to the satisfaction of the
court concerned.
(Ravindra Maithani, J)
30.09.2024
Jitendra