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2025 DAILYLAW 14448 (UTT)

MOHSIN PAIYA v. STATE OF UTTARAKHAND

BA1/1406/2025 · 2025-10-31

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:9626 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. 1406 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Ravi Shankar Kandpal, learned legal aid counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Mohsin Paiya’ is praying for bail in reference to First Information Report dated 06.02.2025 bearing FIR No. 0059 of 2025 P.S. Jaspur, District Udham Singh Nagar, wherein, the present applicant along with one Mohd. Juber were implicated for the offence punishable under Section 8/21 of the NDPS Act. 4. It is argued by the learned counsel for the applicant that the alleged contraband, which is shown to be recovered i.e. 16.20 gms. of smack is non commercial quantity and there is no substantial compliance of Section 50, 52A, 56 and 57 of the NDPS Act. 5. He further submits that the present applicant is languishing in jail since 06.02.2025 and the charge-sheet has already been filed and as such there is no need of the custodial interrogation of the present applicant. 6. Apart from this, he submits that the other co-accused have already been granted bail by this court on 25.06.2025. About criminal history, learned counsel for the applicant submits that in all the previous cases the applicant is already bailed out. 7. On the other side, Mr. V.S. Pal, learned A.G.A. apprise to this court that there are five cases against the present applicant out of which three cases relates to the NDPS though in all those cases the applicant is already enlarged on bail. Mr. V.S. Pal also admits that the other co-accused has already been granted bail. 8. After hearing the arguments of learned counsel for the parties and further taking into consideration that the alleged contraband, which is shown to be recovered, is non-commercial 2025:UHC:9626 quantity and the other co-accused has already been granted bail and with regard to the criminal history the applicant is already bailed out, this court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 10. Let the applicant ‘Mohsin Paiya’ be released on bail on furnishing the personal bond and two reliable sureties to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 31.10.2025 PR 2025:UHC:9626