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2025 DAILYLAW 10074 (UTT)

ARPIT SINGH v. STATE OF UTTARAKHAND

BA1/1464/2025 · 2025-09-26

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:8746 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 1464 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Manoj Bhatt, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. The present applicant ‘Arpit Singh’ S/o Gurbaj Singh is praying for bail in reference to First Information Report dated 27.06.2025 bearing FIR No. 310 of 2025 P.S. Rudrapur, District Udham Singh Nagar, wherein, the present applicant along with one Akash Deep Singh were implicated for the offence punishable under Sections 8/21 r/w Section 60 of NDPS Act and Section 3/25 of Arms Act and on completion of investigation applicant has been chargesheeted for the offence punishable under Section 8/21 of NDPS Act. 4. It is submitted by learned counsel for the applicant that the alleged contraband, which is shown to be recovered is a non commercial quantity and there is no substantial compliance of mandatory provisions of NDPS Act and the applicant is languishing in jail since 28.06.2025 and furthermore there is a delay of five hours in lodging the FIR after the recovery. 5. He submits that the applicant has a previous criminal history for the offence punishable under Section 420 of IPC in which he is already bailed out and the co-accused has already been granted bail. 6. On the other side, learned State counsel have not disputed this fact that the alleged contraband, which is shown to be recovered, is below a commercial quantity. 7. After hearing the arguments of learned counsel for the parties and taking into consideration that the alleged contraband which is shown to be recovered from the present applicant is non commercial and the applicant has a previous criminal history in which he is already bailed out, this court is of the view that the 2025:UHC:8746 applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed. 9. Let the applicant ‘Arpit Singh’ be released on bail on furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 26.09.2025 PR 2025:UHC:8746