RAJENDRA SINGH BORA ALIAS RAJU BORA v. STATE OF UTTARAKHAND
Court: High Court of Uttarakhand
Bench: HON'BLE MR. JUSTICE RAVINDRA MAITHANI
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2024-12-19. RAJENDRA SINGH BORA ALIAS RAJU BORA v. STATE OF UTTARAKHAND. Read the judgment and case details on...
Judgment text
HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No. 309 of 2024 Rajendra Singh Bora Alias Raju Bora ... Applicant Versus State of Uttarakhand ... Respondent Present:- Mr. Vikas Anand and Ms. Gyanmati Kushwaha, Advocates for the applicant. Mr. Siddharth Bisht and Mr. Himanshu Sain, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody FIR/Case Crime No. 48 of 2023, under Section 8/20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Lalkuan, District Nainital. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is the second bail application. The first bail application, being BA1 No. 2657 of 2023, was dismissed as withdrawn on 01. 08. 2024. 4. Learned counsel for the applicant would submit that the applicant was arrested on 21. 02. 2023; chargesheet was submitted on 08. 08. 2023; charges were framed on 27. 10. 2023.
It is submitted that PW1 was examined on 21. 02. 2024; PW2 was examined on 06. 04. 2024; the PW3 was examined on 29. 05. 2024. The applicant has never sought any adjournment in the case. 5. These factual aspects have not been denied by the learned State counsel. 6. It is a case pertaining to recovery of charas in commercial quantity and in such cases, Section 37 of the Act makes specific provisions. Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial. 7. The applicant is in custody for more than a year. In between, for more than six months, no progress was made in the case. The trial has yet not concluded. It commands the Court to release the applicant on bail. 8.
Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail. 9. The bail application is allowed. 10. Let the applicant 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. (Ravindra Maithani, J. ) 19. 12. 2024 Ravi Bisht RAVI Digitally signed by RAVI BISHTDN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2. 5. 4. 20=ded921477e34a304cbcb0b52d4a59f37e6d2018d38d0b6 69a5c068799391e6bb, postalCode=263001, st=UTTARAKHAND, serialNumber=AA64B1F44E60E652AE5485ED764961E4E52FD29C 6F03C20917020ED093405536, cn=RAVI BISHT Date: 2024. 12. 19 18:07:40 +05'30' BISHT
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