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2025 DAILYLAW 14062 (UTT)

TASLEEM KHAN v. STATE OF UTTARAKHAND

BA1/2093/2025 · 2025-11-15

Ashish Naithani

body2025

Judgment text

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2025:UHC:10136 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. 2093 of 2025 Hon’ble Ashish Naithani, J. Ms. Sheetal Selwal, learned counsel for the Applicant. 2. Mr. K. S. Bora, learned D.A.G assisted by Mr. J. P. Kandpal, learned Brief Holder for the State. 3. The present Bail Application under Section 483 of BNSS, 2023 has been filed on behalf of the Applicant, Tasleem Khan S/o Shri Nanhe Khan Urf Anne Khan R/o Rohniya, Baheri, Bareilly, Uttar Pradesh. 4. The Applicant is currently in judicial custody since in connection with FIR No. 0355 of 2025, under Sections 8/21/29/60 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Haldwani, District Nainital. Through this application, the Applicant seeks his release on bail. 5. Learned counsel for the Applicant/accused would submit that the Applicant is an innocent person and has falsely been implicated in the instant case; the police party has utterly failed to comply the provisions of Section 50, 52, 55 & 57 of NDPS Act, which is mandatory provisions before arresting any person; 6. She further submits that just to falsely implicate the Applicant shown the recovery of 89.67 grams of smack, which was below the commercial quantity; the Applicant is languishing in jail w.e.f. 24.10.2025; in the 2025:UHC:10136 absence of not complying of various provisions of NDPS Act recovery is fake, therefore, the Applicant is entitled to get bail. 7. Per Contra, learned State counsel has not opposed the bail application of the Applicant/accused. 8. In the circumspection of facts as stated above, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case fit for bail. 9. The bail application is, accordingly, allowed. 10. Let the Applicant/accused 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. 11. Pending applications, if any, stand disposed of accordingly. (Ashish Naithani, J.) 15.11.2025 Akash AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518c148d140566ab 1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c891823fc6a0334628b 21e516047ed4f22f7, cn=AKASH Date: 2025.11.15 13:14:41 +05'30'