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2025 DAILYLAW 10460 (UTT)

RIJWAN KHAN ALIAS CHIPAR v. STATE OF UTTARAKHAND

BA1/1523/2025 · 2025-10-16

Alok Mahra

body2025

Judgment text

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2025:UHC:9339 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.1523 of 2025 Hon’ble Alok Mahra, J. Mr. Vikas Singh Yadav, Advocate for the applicant. Mr. B.N. Molakhi, Deputy Advocate General for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.108 of 2025, under Sections 8/22 of N.D.P.S. Act, registered at Police Station Haldwani, District Nainital. 3. It is contended by learned counsel for the applicant that applicant has falsely been implicated in the instant crime and is languishing in jail since 10.04.2025. Learned counsel for the applicant submits that contraband alleged to have been recovered from the possession of the applicant is below commercial quantity and there is no public witness to the recovery. Learned counsel for the applicant submits that in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court. 4. Learned State Counsel vehemently opposed the bail application. 5. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. 6. The bail application is allowed. 2025:UHC:9339 7. Let the applicant, namely, Rijwan Khan @ Chipar be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject to the following conditions: (i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. (iii) The applicant shall not leave India without any prior permission of the trial Court. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the complainant/ informant will be free to move the court for cancellation of bail. (Alok Mahra, J.) 16.10.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3 a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C510 9CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.10.16 16:56:39 +05'30'