Alok Kumar Verma, J
1. The applicant Naveen Nath is in judicial custody for the offence under Section 8 read with Section 20, Section 29 and Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Case Crime No.18 of 2025, registered at Police Station Pati, District Champawat.
2. According to the First Information Report dated 14.06.2025, the co-accused Ram Prasad Sharma was arrested. The police recovered 1 kg. 222 gm. charas from his possession. He told the police that he went to the house of Naveen Goswami. Naveen Goswami gave him the recovered charas to take to Almora.
3. Heard Mr. K.K. Harbola, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for respondent.
4. Mr. K.K. Harbola, Advocate, for the applicant, has submitted that the applicant is an innocent person. He has been falsely implicated by the co-accused Ram Prasad Sharma. He (applicant) surrendered before the Magistrate on 22.08.2025. He has no criminal antecedents. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding.
5. Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the bail application orally. However, he submitted on instructions that apart from the statements of the co-accused Ram Prasad Sharma, there is no other evidence available against the present applicant till date and the applicant has no criminal antecedents.
6. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage.
7. The Bail Application is allowed.
8. Let the applicant Naveen Nath be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
