1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 2nd day of November, 2011 First Bail Application No. 820 of 2011 Criminal Side Gurbachan Singh @ Gurcharan Singh S/o Shri Mahendra Singh R/o Matkheda No.4 Police Station Vilaspur District Rampur …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No. 370 of 2004 Under Sections: 18/20 N.D.P.S.Act Police Station: Rudrapur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. Navneet Kaushik, Advocate, holding brief of Mr. Harshpal Sekhon, Advocate, present for the applicant. Mr. T.C.Aggarwal, Additional G.A, present for the State. 2 Heard. Applicant– Gurbachan Singh @ Gurcharan Singh, who is in jail in connection with Crime/F.I.R. No. 370 of 2004, relating to offence punishable under section 18/20 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Rudrapur, District Udham Singh Nagar,(Special Sessions Trial No. 50 of 2004, pending before Additional Sessions Judge/IInd Fast Track Court, Udham Singh Nagar) has sought his release on bail. Learned counsel for the applicant submitted that it is a case of recovery of 800 grams of CHARAS (less than commercial quantity). Earlier the applicant was granted bail on 05.05.2004, by the Sessions Judge, Udham Singh Nagar. It is pleaded that the trial is pending since 2004, and the applicant was appearing before the court concerned during trial. However, he could not appear on 10.08.2011, on which his bail was cancelled, and warrants of arrest were issued against him. On 03.09.2011 the applicant surrendered before the court concerned. Since than two months have passed. It is contended that the trial is going on for last seven years, and still it is far from its conclusion. In the above circumstances, without expressing 3 any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Gurbachan Singh @ Gurcharan Singh, be released on bail on executing fresh personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the court concerned. (Misc. Application No. 3991 of 2011 stands disposed of). (Prafulla C. Pant, J.) Dt.02.11.2011 Nahid