IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 15th day of December 2009 Ist Bail Application No.1225 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Deepak Kumar Rai ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 15, 2009 ____________________________________________________________________ Arising out of Case Crime No.1380 of 2009 Under Section 8/18/20 of N.D.P.S. Act P.S. Banbasa, District Champawat ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Ms. Jyoti Joshi, learned counsel for the applicant as well as Mr. Amit Bhatt, learned Addl. G.A. for the State and perused the record. Learned counsel for the applicant has submitted that as per the prosecution story on 3.9.2009, 750 Grams of Charas was recovered from the possession of the applicant. She further submitted that the commercial quantity of Charas is 1 Kgm and quantity of Charas alleged to have been recovered from the applicant is below the commercial quantity. It is further submitted that the applicant has no criminal history; he is in jail since 3.9.2009 and the trial of the case has yet not been started. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, this Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Deepak Kumar Rai be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Special Judge/Sessions Judge, Narcotics Drugs & Psychotropic Substances Act, Champawat. The bail application is disposed of accordingly. (Dharam Veer, J.) 15.12.2009 RG