Uttarakhand High Court
BA1/1088/2010 of SMT PAVITRA DEVI Vs STATE OF UTTARAKHAND on 30 December 2010
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 30th Day of December, 2010. Ist Bail Application No. 1088 of 2010 Order on the Bail Application: CRIMINAL SIDE Smt Pavitra Devi W/o Shri Dhan Singh R/o village Dhang, P.S Nepal Gunj, District Kolapur, Nepal
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITALOriginal Jurisdiction Dated: Nainital: the 30[th] Day of December, 2010.Ist Bail Application No. 1088 of 2010
Order on the Bail Application:CRIMINAL SIDE
Smt Pavitra DeviW/o Shri Dhan SinghR/o village Dhang, P.SNepal Gunj, DistrictKolapur, Nepal
….….Applicant(In Jail)
State of Uttarakhand
Versus
Hon’ble Prafulla C. Pant, J.
Ms. Indu Sharma, Advocate, present for the applicant.Mr. Nandan Arya, A.G.A., Present for the State.
Applicant Pavitra Devi, who is in jail in connection with Case Crime No. 254 of 2007, (Special Session Trial No. 55 of 2007), relating to offence punishable Under Section 8/20 of Narcotic Drugs and psychotropic Substances Act, 1985, Police Station Kotwali, District Dehradun, has sought her release on bail. Her bail application has been received through the Superintendent of Jail.
Heard Ms. Indu Sharma (Amicus Curiae) on behalf of the applicant and Shri Nandan Arya for the State.
No doubt, the applicant is a woman, and she is in jail for last three and half years, but the recovery of CHARAS from her is said to be more than 6 kilograms, out of the total 34 kilograms recovered from the vehicle. The applicant is resident of Nepal and there is likelihood of difficulty in securing her attendance during trial if she is released on bail.
In the above circumstances, without expressing any opinion as to final merits of this case, the bail application is rejected.
Dt. 30.12.2010Nahid
(Prafulla.C.Pant.,J)