CRLA/780/2023
2025 Latest Caselaw 5526 UK

Uttarakhand High Court

CRLA/780/2023 on 15 November, 2025

               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                             COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures
                                 IA No.01 of 2023 (Bail Application)
                                 In
                                 CRLA No. 780 of 2023
                                 Hon'ble Ashish Naithani, J.

Mr. Amit Kapri, learned counsel for the Appellant/convict.

2. Mr. G. S. Sandhu, learned Additional Advocate General for the State.

3. This criminal appeal under Section 374(2) of Cr.P.C. r/w Section 415 of BNSS is filed by the Appellant/convict against the judgment and order dated 17.10.2023 passed by learned Special Sessions Judge (NDPS Act), Champawat in S.S.T. No.07 of 2018, "State vs. Hemraj Singh Bohara", punishable for the offence under Section 8/20 of NDPS Act, Police Station Thanna Banbasa, District Chmapawat, whereby the Appellant has been convicted under Section 8 r/w 20 of NDPS Act to undergo ten years rigorous imprisonment with a fine of Rs.1,00,000/- and in default of fine, he shall further undergo for a period of six months additional imprisonment.

4. Learned counsel for the Appellant/convict submits that the Appellant/convict has falsely been implicated in this case and all the proceedings have been done in the police station whether it is recovery memo, consent letter or arrest memo, hence for not complying the mandatory provisions of the NDPS Act, therefore, the Appellant/convict is entitled to grant of bail.

5. Learned counsel for the Appellant/convict further submits that the Appellant/convict was on bail during trial and he never misused the bail granted to him.

6. Learned State counsel vehemently opposed the bail application, however, admitted that the Appellant/convict was on bail during trial and never misused the bail granted to him.

7. Having considered the submissions of learned counsel for the parties but without expressing any opinion about the final merits of the case, the Appellant/convict is admitted to bail on furnishing a personal bond and two reliable sureties, each of the like amount to the satisfaction of the court concerned.

8. Bail Application stands allowed.

9. List this matter on 10.01.2026.

(Ashish Naithani, J.) 15.11.2025 Akash