SL.

No

Date

Office Notes,

reports, orders or

proceedings or

directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

BAI No. 587 of 2022

Hon ’ble N.S. Dh an ik , J .

Mr. Devesh Upreti, learned counsel

holding brief of Mr. Susheel Kumar,

learned counsel for the applicant.

Mr.

A.K.

Sah,

learned

Deputy

Advocate General for the State.

Heard

learned

counsel

for

the

parties.

This is first bail application moved

on

behalf

of

the

applicant

seeking

regular bail in connection with FIR No.

13 of 2021 for the offence punishable

under Section 29 of The NDPS Act

registered at P.S. Mukteshwar, District

Nainital.

I t is argued by learned counsel for

the applicant that the applicant has

falsely been implicated on the basis of

statement of co-accused given before

the police, which is not admissible as per

Indian Evidence Act; that the applicant

has no criminal history in his credit and

that he is languishing in jail since

19.01.2022. He further argued that the

applicant is not named in the FIR; that

nothing has been recovered from the

possession

of

the

applicant;

that

mandatory provisions of NDPS Act have

not been complied with; that 1 Kg 410

gram was recovered from the co-accused

Rajendra Prasad and 1 Kg 613 gram was

recovered from the co-accused Devendra

Parsad but no recovery has been made

from the present applicant; and that

there is no independent witness of the

incident.

Learned State Counsel admitted the

fact that no recovery has been made

from the present applicant; that on the

basis of the statement of the accused,

the applicant’s name came into the light;

and the applicant has no criminal history

in his credit.

Considering

the

facts

and

circumstances

of

the

case,

without

expressing any opinion as to the final

merits of the case, this Court is of the

view that the applicant deserves bail at

this stage.

The bail application is allowed.

Let the applicant be released on

bail, on executing a personal bond and

furnishing two reliable sureties, each of

like amount, to the satisfaction of Court

concerned.

All

pending

applications

stand

disposed of, if any.

( N.S. Dhan ik , J.)

10.05.2022

SB