IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 26th September, 2008 Criminal Bail Application No.517 of 2008 Order on the bail application of accused CRIMINAL SIDE Lalit Sharma S/o Roshan Lal R/o village Kashaul P.S. Chaupal District Shimla, Himanchal Pradesh … Applicant Versus State of Uttarakhand ….Opposite Party Arising out of case crime No.574 of 2007 Under Section 18/20 N.D.P.S. Act P.S. Jwalapur District Haridwar _______________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Mr. K. S. Verma, Advocate for the applicant and Mr. Nandan Arya, A.G.A. for the State. Perused the record. It was contended on behalf of the applicant-accused that the charas recovered from the possession of applicant was not weighed at the time of recovery and as such it cannot be said that it is above one kilogram or below. Learned counsel for the applicant further contended that the presumption should be drawn in favour of the applicant that it may be less than one kilogram, which is not a commercial quantity. Learned counsel for the applicant relied upon the detailed order dated 09.09.2008 passed by this Court in Bail Application No.1428 of 2007 titled as “Baldev Singh Vs. State”. It was also submitted on behalf of the applicant that the applicant has no criminal history. From the fact, there are reasonable grounds for believing that the applicant-accused is not guilty of such offence and that he is not likely to commit any such offence while on bail. After due consideration of the submissions of the learned counsel for the parties and perusal of the aforesaid bail order, I am of the view that it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 26.09.2008 LSR