I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

11^th FEBRUARY, 2025 FI RST BAI L APPLI CATI ON NO.1149 of 2024 Shokindar Kumar alias Shokendra Kumar ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Sanjay Kumar, Advocate.

Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr.

Deepak Bhardwaj, Brief Holder.

Hon’ble Alok Kumar Verma,J.

The present Application has been filed for regular bail in connection with the Case Crime No.127 of 2024, registered at police station Kunda, District Udham Singh Nagar.

2. The applicant-Shokindar Kumar alias Shokendra Kumar is in judicial custody under Section 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. According to the First Information Report, the present applicant and one co-accused Kunwarpal were apprehended by the police party on 03.04.2024 and recovered Buprenorphine injections and Diazepam injections from the possession of the present applicant and co-accused Kunwarpal. The inventory report was prepared on the spot.

4. Heard Mr. Sanjay Kumar, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for respondent.

5. Mr. Sanjay Kumar, Advocate, has contended that the applicant is an innocent person. He has been falsely implicated in the present matter. Nothing was recovered from his possession. As per the recovery memo, inventory of recovered articles was prepared on the spot, while the First Information Report Number (No.127 of 2024) is mentioned in the inventory report. He is a permanent resident of District Moradabad (U.P.), therefore, there is no chance of his absconding. He does not have any criminal antecedents. Charge- sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, co- accused Kunwarpal has been granted regular bail by this Court.

6. Mr. G.S. Sandhu, learned Additional Advocate General, has opposed the Bail Application.

6.

7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

8. The Bail Application is allowed.

9. Let the applicant – Shokindar Kumar alias Shokendra Kumar be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

___________________ ALOK KUMAR VERMA, J.

Dt:11.02.2025 Neha