HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 5th May, 2009 First Bail Application No. 423 of 2009 Order on the bail application of the accused. Arun @ Chootu S/o Harchandra Sharma …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.618 of 2009 U/s 8/20 N.D.P.S. Act Police Station Kotdwar District Pauri Garhwal Hon’ble J. C. S. Rawat, J. Heard Mr. D.C.S. Rawat, Advocate for the accused/applicant; Mr. B.S. Parihar, Brief Holder for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; the fact that the F.I.R. discloses that 300 grams charas was recovered from the possession of the accused/applicant; the fact that the contraband which was recovered from the possession of the accused/applicant at the spot was below commercial quantity; the accused/applicant has no criminal history; the learned Brief Holder did not dispute this fact; the learned Brief Holder stated that as per the instruction received from the Investigating Officer, there is no criminal case pending against the accused/applicant; the fact that there are reasonable grounds for believing that the accused/applicant is not guilty of such offence and that he is not likely to commit any such offence while on bail; and in the facts and circumstances of the case, it is a fit case for bail. Let the accused/applicant Arun @ Chootu be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Special Judge/N.D.P.S. Act, Pauri. (J.C.S. Rawat, J.) Dated 05.05.2009 Shiv