CRLA/191/2022
2025 Latest Caselaw 2285 UK

Uttarakhand High Court

CRLA/191/2022 on 6 March, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
             orders or proceedings
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      Date     or directions and                                 COURT'S OR JUDGES'S ORDERS
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                                      Second Bail Application No. 05 of 2021
                                      In
                                      CRLA No. 191 of 2022
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Abhijay Negi and Mr. Ankur Sharma, learned counsel for the appellant.

2. Mr. V.S. Pal, learned Assistant Government Advocate for the State.

3. This is an admitted appeal, admitted on 13.06.2022. Trial court record were summoned and received and paper book is also supplied to the learned counsel for the parties.

4. Present appellant was convicted by judgment and order dated 10.05.2022 passed by Special Judge, NDPS Act, Almora in Special Sessions Trial No. 36 of 2019 whereby appellant has been convicted and sentenced to undergo rigorous imprisonment of 10 years with fine of Rs. 50,000/- and in default of payment of fine, to further undergo rigorous imprisonment of three month for the offence punishable under Section 8 / 20 of the NDPS Act.

5. Heard on second bail application. First bail application was rejected on 06.06.2023 and now, the instant second bail application has been moved by the appellant on two ground, first, the co-accused, who was convicted by the same judgment, has been enlarged on bail in Criminal Appeal No. 182 of 2022 on 24.10.2024 and another ground is that appellant was arrested in the said crime on 16.01.2019 and thereafter, he was enlarged on bail on 20.12.2019. However, since from the date when he was convicted by the trial court pursuant to the judgment dated 10.05.2022, appellant is languishing in jail and appellant has no previous criminal history and is in long incarceration.

6. Learned AGA has placed before this Court the custody certificate of the present appellant and as per custody certificate, appellant have already served 3 years 8 months 1 day as on 04.03.2025.

7. After hearing learned counsel for the parties, this Court is of the view that since co-accused has already been enlarged on bail and appellant has already served 3 years 8 months 1 days as on 04.03.2025 in jail and in long incarceration, therefore, this Court is of the view that appellant deserves for bail. Accordingly, without expressing any opinion on the merits of the case, second bail application is allowed.

8. Let appellant - Santosh Kumar be released on bail during the pendency of the instant appeal, on furnishing his personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned.

9. Realization of the fine shall also remain suspended.

10. List this appeal in the month of June, 2025 for final hearing along with connected appeal.

(Rakesh Thapliyal, J.) 06.03.2025 SKS