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.2580 of 2021

Hon’ble R.C. Khulbe, J.

Mr. Abhishek Joshi, learned counsel for

the applicant.

Mr. Siddhartha Bisht, learned B.H. for the

State.

Accused–Nawab Ali has sought his release

on bail in connection with Case Crime/FIR

No.206/2021, u/s 8/22/29 of NDPS Act,

registered at P.S. Lalkuan, District Nainital.

It is argued that the accused has been

falsely implicated; he is languishing in jail since

08.09.2021; there is no recovery; although, one

criminal case is pending against him, but he is

enlarged on bail; he is ready to furnish the

sureties and may be granted bail.

Per contra, learned counsel for the State

opposed for bail but fairly submitted that there is

no recovery.

As per the recovery memo, on 16.06.2021,

when the police party was on patrolling duty;

they reached near Railway crossing Bareilly

Haldwani road; in the meantime, the accused

reached; accordingly, he disclosed his name

Manish Bisht @ Bhura, after searched some

injections, registered in the NDPS Act, were

recovered from his possession; thereafter, his

statement was recorded; he disclosed that, he

purchased the drugs from the present accused-

Nawab Ali; accordingly, the present accused

was also arrested by the police; during the

investigation the police received only call details

between the two; there is no other documents

regarding supplying the contraband article,

mentioned in the FIR; there is no evidence

regarding transfer of the money from the

accused-Manish Bisht to the present accused-

Nawab Ali; prima facie, his name was

implicated simply on the basis of the statements

of

the

accused-Manish

Bisht,

in

whose

possession the contraband article was recovered;

accordingly, without making any comment on

the merits, it is a fit case for bail at this stage.

The bail application is thus, allowed and

the applicant is directed to 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.

Pending

application,

if

any,

stands

disposed of.

(R.C. Khulbe, J.)

21.02.2022

BS