CRJA/2/2023
2025 Latest Caselaw 3420 UK

Uttarakhand High Court

CRJA/2/2023 on 25 August, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  CRJA No.2 of 2023
                                  Hon'ble Pankaj Purohit, J.

Mr. Priyanshu Gairola, learned legal- aid counsel for the appellant/applicant.

2. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand.

3. Today, the matter is listed on Bail Application (IA/1/2023) filed by the appellant/applicant for his release on bail.

4. Learned legal-aid counsel for the appellant/applicant submits that the appellant/applicant was convicted under Section 8/20 of the NDPS Act and sentenced for a period of ten years' rigorous imprisonment with fine of Rs.1 Lakh, with default stipulation of six months' additional imprisonment, by the learned Special Sessions Judge, Champawat, in Special Sessions Trial No.01 of 2020 State Vs. Sunmaya, vide its judgment and order dated 19.12.2022.

5. He further submits that appellant/ applicant is 60 years' old lady and she does not have any pairokar and is languishing in jail since her arrest. Appellant/applicant has served almost five and a half years' incarceration out of total ten years' imprisonment, thus, she deserves to be enlarged on bail.

6. Per contra, learned State Counsel vehemently opposed the bail application stating that the appellant/applicant is a Nepali Citizen and if she would be enlarged on bail, she may abscond.

7. Having heard the learned counsel for the parties and having gone through the impugned judgment and order of conviction and sentence as well as the material available on record, this Court is not inclined to grant bail the appellant/ applicant at this stage.

8. Accordingly, the bail application (IA/1/ 2023) is rejected.

9. Put up for final hearing on 17.09.2025.

(Pankaj Purohit, J.) 25.08.2025 PN