Uttarakhand High Court
BA1/1123/2009 of GOVIND SINGH PARIHAR Vs STATE OF UTTARAKHAND on 29 December 2009
COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.1123 of 2009 Order on the Bail application of accused CRIMINAL SIDE Govind Singh Parihar ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION
Criminal Bail Application No.1123 of 2009
Order on the Bail application of accused CRIMINAL SIDE
Govind Singh Parihar ……….Applicant (In Jail)
Versus
State of Uttarakhand
------- Opposite party
________________________________________________________
Arising out of Case Crime No.1271 of 2009, U/s 8/20 of NDPS Act, P.S. Kotwali Bageshwar, Distt. Bageshwar Dated: December 29, 2009
Hon’ble Dharam Veer, J.
Heard Sri Dinesh Chauhan, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State.
In brief the prosecution case is that on 16.09.2009 at about 5:45 P.M. about one kilogram of Charas was said to be recovered from the possession of the applicant/accused. Learned counsel for the applicant submitted that the commercial quantity of Charas is one kilogram and it is stated in the recovery memo that including weight of the polythene bags, the weight of Charas is one kilogram. He further submitted that the recovered Charas may be less than one kilogram and in that event, the recovered quantity would be less than one kilogram. Lastly, he is in jail since 16.9.2009 and the trial has yet not been started.
After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage.
Let the applicant Govind Sigh Parihar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Special Judge, Narcotics Drugs & Psychotropic Substances Act, 1985, Distt. Bageshwar.
The bail application is allowed accordingly.
29.12.2009Rajeev Dang
(Dharam Veer, J.)