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2025 DAILYLAW 106 (UTT)

SHAN MOHAMMAD v. STATE OF UTTARAKHAND

BA1/858/2025 · 2026-01-23

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 858 of 2025 Hon’ble Alok Mahra, J. Mr. Amar Murti Shukla, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned D.A.G. for the State. 3. The applicant – Shan Mohammad, who is in judicial custody in connection with FIR/Case Crime No. 344 of 2024, under Sections 8 and 20 of NDPS Act, registered at P.S.- Khatima, District Udham Singh Nagar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. Learned counsel for the applicant would submit that there is no independent witness to corroborate the recovery of the alleged contraband; that the applicant has falsely been implicated in the case; that the compliance of Section 50 and 52(A) of NDPS Act has not been made in letter and spirit, that one case of NDPS is pending against the applicant, but, he is bailed out in that case also and 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. 6. Learned State Counsel, on the other hand, has vehemently opposed the bail application. 7. Having considered the submissions, under the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant be released on bail on executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned. (Alok Mahra J.) Vacation Judge 23.01.2026 Ujjwal