IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.1233 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Lal Singh S/o Kanhayee Lal ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.950/09 U/Ss 41/102 Cr.P.C. & Section 18(C)/22 NDPS Act, P.S. Banbasa, Distt. Champawat Dated: December 17, 2009 Hon’ble Dharam Veer, J. Heard Mrs. Monika Pant, Advocate for the applicant and Sri Amit Bhatt, learned Addl. GA for the State. Learned counsel for the applicant submitted that the co-accused Ram Singh has been released on bail by this Court on 4.11.2009, who was also arrested by the police on the same day along with the applicant and the case of the present applicant is on the similar footing with that of co- accused who has been granted bail by this Court. She further submitted that from the possession of the present applicant, 58 Tablets of Diazepam were shown to be recovered and the weight of those tablets is 0.295 grams. She further submitted that the small quantity of Diazepam is 20 grams and commercial quantity is 500 grams while from the possession of the applicant, only 0.295 grams of recovery of Diazepam has been made which is even less than the small quantity. She further submitted that the applicant is in jail since 15.6.2009 and has got no criminal history before this case. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Lal Singh be released on bail on his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of Special Judge/Sessions Judge, Narcotics Drugs & Psychotropic Substances Act, 1985, Champawat. The bail application is disposed of accordingly. (Dharam Veer, J.) 17.12.2009 Rajeev Dang