Chitra Raj Gautam vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Chitra Raj Gautam in judicial custody in FIR No.116 of 2022, dated 16.12.2022, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Banbasa, District Champawat.

Heard learned counsel for the parties and perused the record.

Learned counsel for the applicant would submit that the applicant has filed the first bail application. During the course of hearing, a supplementary affidavit is filed on behalf of the applicant bringing it to the notice of the Court that the father of the applicant has died on 17-18.12.2023.

Learned counsel for the applicant would submit that his first bail application may be treated as short term bail application. He would submit that the applicant is the only son of his father. He has to perform post death rituals.

Learned State counsel was required to get instructions on the factum of the death of the father of the applicant. But, it is stated that since the applicant is a resident of Nepal, the instructions could not be received.

Having considered, without adverting to the merits of the case, purely on the humanitarian ground, this Court is of the view that the applicant may be enlarged on short term bail for a period of three weeks from the date of his release.

Let the applicant be released on short term bail for a period of three weeks from the date of his release, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. It is further directed that, on expiry of three weeks, the applicant shall surrender before the court concerned and intimation to that effect shall also be given to this Court.

The short term bail application stands disposed of.

Let a copy of this order be supplied to the learned counsel for the parties today itself, on payment of usual charges, as per Rules.