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2025 DAILYLAW 10081 (UTT)

VIRESH KUMAR v. STATE OF UTTARAKHAND

BA1/1450/2025 · 2025-09-11

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:8127 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.1450 of 2025 Hon’ble Rakesh Thapliyal, J. (Through V.C.) 1. Mr. Manoj Bhatt, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Viresh Kumar S/o Khan Sahay is seeking regular bail in relation to first information report dated 12.07.2025 bearing FIR No.0101 of 2025, Police Station Pulbhatta, District Udham Singh Nagar, wherein the present applicant along with one Harnam havebeen implicated for the offences punishable under Section 8/21 of the NDPS Act. 4. It is contended by learned counsel for the applicant that the alleged contraband Smack, which is shown to be recovered from the present applicant, is below commercial quantity and there is no substantial compliance of the mandatory provisions of the NDPS Act. 5. He further submits that the other co- accused, namely, Harnam, from whose possession, the contraband, which is shown to be recovered, is also below commercial quantity, has already been enlarged on bail. Apart from this, he submits that the present applicant is having no previous criminal history. 6. On the other side, Mr. V.S. Pal, learned AGA have not disputed this fact that the applicant is having no previous criminal history and alleged contraband 2025:UHC:8127 which is shown to be recovered is a non- commercial quantity, and, furthermore, the other co-accused Harnam has already been enlarged on bail. 7. After hearing the arguments as advanced by learned counsel for the parties and taking into consideration that the alleged contraband which is shown to be recovered from the present applicant is below commercial quantity, and, furthermore, the other co-accused Harnam has already been enlarged on bail and the applicant is having no previous criminal history, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed. 9. Let the applicant, namely, Viresh Kumar, 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. (Rakesh Thapliyal, J.) 11.09.2025 R.Bisht 2025:UHC:8127