CRLA/376/2024
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Uttarakhand High Court

CRLA/376/2024 on 30 August, 2025

              Office Notes,
             reports, orders
             or proceedings                   COURT'S OR JUDGE'S ORDERS
SL.
      Date    or directions
No.
             and Registrar's
               order with
               Signatures
                               (Bail No.01 of 2024)
                               In
                               CRLA No.376 of 2024
                               Hon'ble Ashish Naithani, J.

Mr. Pawan Mishra, learned counsel for the Appellant/Applicant.

2. Mr. Dinesh Chauhan, learned AGA assisted by Mr. Rakesh Negi, learned Brief Holder for the State.

3. The present criminal appeal has been filed by the Applicant against the judgment and order dated 27/28.06.2024 passed by Additional District & Sessions Judge/Special Judge (N.D.P.S Act), Vikasnagar, Dehradun in Special Session Trial No.492 of 2021 (Old No.17 of 2012) for the offence punishable under Section under Section 8/20(c) of N.D.P.S. Act whereby Applicant has been convicted under Section 8/20(c) of N.D.P.S. Act and sentenced to undergo ten years rigorous imprisonment with a fine of Rs.1,00,000/- and in default stipulation one year additional simple imprisonment was imposed. The benefit under Section 428 of Cr.P.C. had been granted to the Applicant/accused whereby the period already undergone was to be considered.

5. Heard Mr. Pawan Mishra, learned counsel for the Applicant and Mr. Dinesh Chauhan, learned AGA for the State.

6. Learned counsel for the Applicant submits that there was no public witness at the time of alleged incident; applicant was on bail during trial and he did not misuse the liberty granted to him; applicant has no criminal history.

7. Learned State Counsel strongly opposed the bail application.

8. Without going into the merits of the case as it may affect the final appeal, this Court finds sufficient ground for bail on the ground that there are discrepancies in the entries of the G.D. At the outset it is shown that the FIR was registered even prior to having got the accused at the concerned police station. Learned counsel for the Applicant/convict submits that in the present matter the entire proceedings were convened at the said police station and not at the spot. This may be scrutinized at the time of the appeal but at present there are certain discrepancies at the phase of which the Court finds sufficient ground for bail.

8. Accordingly, the bail application is allowed. Let the Applicant-Naveen Rawat be released on bail on his furnishing a personal bond of Rs.50,000/- and two sureties of the like amount to the satisfaction of court concerned subject to the following condition:

(i.) The applicant shall not misuse the liberty of bail.

(ii.) He shall appear before the court below as and when required. (iii.) He shall not temper with the evidence or influence the witnesses.

9. List this appeal after two weeks.

(Ashish Naithani, J.) 30.08.2025 Arti