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2025 DAILYLAW 12811 (UTT)

MOHD IKRAR v. STATE OF UTTARAKHAND

BA1/2125/2024 · 2025-07-04

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. 2125 of 2024 Hon’ble Alok Mahra, J. Mr. Akram Parvez, learned legal-aid- counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. The applicant – Mohd. Ikrar, who is in judicial custody in connection with FIR/Case Crime No. 169 of 2024, under Sections 8/22 of N.D.P.S. Act, registered at P.S.- Vanbhoolpura, District Nainital, 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 of the alleged recovery; that mandatory provisions of Sections 50, 52, 55 and 57 of N.D.P.S. Act has not been complied with; that the applicant is innocent and has been falsely implicated in the case; that the applicant is languishing in jail since 24.08.2024; and, that the alleged recovery of 3 Injection Buprenorphine IP 2ml and 3 Avil Injection (pheniramine) from the possession of the applicant, is below commercial quantity. 6. Learned State Counsel, on the other hand, has vehemently opposed the bail application, but, has admitted to the fact that the alleged recovery, from the possession of the applicant, is below commercial quantity. 7. Having considered this aspect, under the facts and circumstances of the case and also taking into consideration the fact that the recovery from the applicant was not a chance recovery, as even as per the prosecution case, the applicant was caught hold by some other person and also the fact that applicant has no previous criminal history relating to the N.D.P.S. Act, 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 his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned, with the following conditions: (i) He shall attend the Trial Court regularly, and, he will not seek any unnecessary adjournment. (ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. (iii) He shall not leave India without any prior permission of the Trial Court. 10. 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.) 04.07.2025 Ujjwal