IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 2nd day of December, 2009 Ist Bail Application No.904 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Rambahadur Kharhaka .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 56 of 2009, U/s 8/20 of NDPS Act, 1985 P.S. Banbasa, District Champawat. _______________________________________________________________ December 2, 2009 HON’BLE DHARAM VEER, J. Mr. Vishal Singh, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for accused applicant submitted that 1 kg illegal charas has been shown to be recovered from the possession of the applicant on 19.1.2009 and the commercial quantity is also 1 kg. He further argued that it cannot be said with certainty that the charas shown to be recovered was exactly 1 kg in quantity. It may be less. He also submitted that no charas was actually recovered from the possession of the applicant. He further submitted that the accused applicant is in jail since 19.1.2009 and trial is yet to begin. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR and other papers available on record; considering the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Rambahadur Kharhaka be released on bail on his executing a personal bond and furnishing of two sureties each in like amount to the satisfaction of Special Judge, NDPS Act/Sessions Judge, Champawat. Bail application is allowed accordingly. (Dharam Veer, J.) 02.12.2009 PRABODH 2