High Court · 2025

Mr. Krishan Kum ar Verm a, Advocat e for t he applicant . Mr. B.N. Molakhi, D.A.G. for t he St at e of Ut t arakhand.

2. This first bail applicat ion has been m oved by t he applicant , seeking regular in F.I .R. No. 38 of 2024, under Sect ions of N.D.P.S. Act , regist ered at Police St at ion Bhat rauj khan, Dist rict Alm ora. 8/ 20/ 60

3. Learned counsel t he applicant would subm it t hat t here is no independent wit ness t o corroborat e t he recovery of t he alleged cont raband; t hat t he applicant has falsely been im plicat ed in t he case; t hat t he com pliance of Sect ion 50 of NDPS Act has not been m ade in let t er and spir it and t hat t he invent ory report was prepared on t he spot on 05.10.2024, in which, FI R No. 38 of 2024 was m ent ioned, whereas t he FI R was regist ered on 07.10.2024 at 16: 05 hours.

4. Learned St at e Counsel, on t he ot her hand, has vehem ent ly opposed t he bail applicat ion.

5. Heard learned counsel for t he part ies and perused t he records.

6. At t his j unct ure, it is necessary t o reproduce Sect ion 37 of t he NDPS Act . The sam e reads as under: - t o be cognizable and non “ 3 7 . Offences bailable— anyt hing ( 1) cont ained in t he Code of Crim inal Procedure, 1973 ( 2 of 1974) — Not wit hst anding ( a) every offence punishable under t his Act shall be cognizable; ( b) no person accused of an offence punishable for offences under sect ion 19 or sect ion 24 or sect ion 27A and also for offences involving com m ercial quant it y shall be released on bail or on his own bond unless— ( i) t he Public Prosecut or has been given an opport unit y t o oppose t he applicat ion for such release, and ( ii) where t he Public Prosecut or opposes t he applicat ion, t he court is sat isfied t hat t here are reasonable grounds for believing t hat he is not guilt y of such offence and t hat he is not likely t o com m it any offence while on bail. ( 2) The lim it at ions on grant ing of bail specified in clause ( b) of sub- sect ion ( 1) are in addit ion t o t he lim it at ions under t he Code of Crim inal Procedure, 1973 ( 2 of 1974) or any ot her law for t he t im e being in force, on grant ing of bail.”

7. Sect ion 37 of t he NDPS Act is a very rigorous provision. As per Sect ion 37 of t he NDPS Act , t he condit ions which t he Court has t o exam ine are t hat t here are reasonable grounds for believing t hat t he accused is not guilt y of such offence and t hat he is not likely t o com m it any offence while on bail.

8. I n response t o t his, learned counsel for t he applicant subm it s t hat no doubt , as per Sect ion 37 of t he Act , bail in such cases m ay not be grant ed, unless t he Court is sat isfied t hat t here are reasonable grounds for believing t hat t he accused is not guilt y of such offence and t hat he is not likely t o com m it any offence while on bail. But , denial of bail does not give unfet t ered libert y t o t he prosecut ion t o keep a person cust ody wit hout conduct ing a t rial.

9. Learned counsel t he applicant furt her subm it s t hat t he applicant is in j ail since 05.10.024 and, it is apparent t hat no independent wit ness of recovery is t here and m oreover, t he invent ory of recovery, t he spot on which was prepared on 05.10.2024, FI R num ber is m ent ioned in it , whereas, it is adm it t ed fact t hat FI R 07.10.024. Furt herm ore, on perusal of t he G.D. ent ry, it is revealed t hat no ent ry of ent ering t he FI R num ber m ent ioned. Thus, t he applicant is ent it led t o be enlarged on bail. invent ory report regist ered in t he

10. Having considered t he subm issions, under t he fact s and circum st ances of t he case, t his Court is of t he view t hat it is a case fit for bail and t he applicant deserves t o be enlarged on bail.

11. Accordingly, t he bail applicat ion is allowed.

12. Let t he applicant – Raj eev Rawat be released on bail on his execut ing a personal bond and furnishing t wo reliable suret ies each of t he like am ount , t o t he sat isfact ion of t he court concerned, subj ect t he following condit ions: - i) The applicant shall at t end t he t r ial Court regular ly, and, he w ill not seek any unnecessary adj ournm ent . ii) The applicant shall not direct ly or indirect ly m ake any inducem ent , t hreat or prom ise t o any person acquaint ed w it h t he fact s of t his case. iii) The applicant shall not leave I ndia w it hout any pr ior perm ission of t he t rial Court .

13. I t is clarified t hat if t he applicant m isuses or violat es any of t he condit ions, im posed upon him , t he prosecut ion will be free t o m ove t he court for cancellat ion of bail. Uj j wal ( A l o k M a h r a , J.) 07.08.2025