IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of December 2009 Ist Bail Application No.900 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Bheem Raj Bhatt S/o Chintamani Bhatt ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 10, 2009 ____________________________________________________________________ Arising out of Case Crime No.156/2000 (S.S.T. No.6/2008) Under Sections 18/20 of N.D.P.S. Act P.S. Tanakpur, District Champawat ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Vivek Shukla, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. GA for the State and perused the record. Learned counsel for the applicant has submitted that as per the prosecution story on 17.6.2000 at 12:30 PM 430 grams of Charas was recovered from the possession of the the applicant/accused. The F.I.R. of the said incident was lodged in P.S. Tanakpur, District Champawat and a case crime no.156/2000 u/s 18/20 of NDPS Act was registered against the applicant. It is further submitted that in connection with the aforesaid crime the applicant was released on bail by the order of Sessions Jujdge, Udham Singh Nagar on 12.7.2000. It is further submitted that after having been released on bail the applicant did not appear in the court below and therefore his bail was cancelled. It is further submitted that the applicant is in jail since 31.3.2008 and the prosecution has not examined even a single witness against the applicant. Learned counsel for the applicant further submitted that if the applicant would be released on bail he will regularly cooperate with the trial. After considering all the facts and circumstances; hearing learned counsel for the parties; on perusal of the contents of the F.I.R. and other papers available in file, 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-Bheem Raj Bhatt 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.) 10.12.2009 RG