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2025 DAILYLAW 15313 (UTT)

NEERAJ MEHRA v. STATE OF UTTARAKHAND

BA1/2218/2025 · 2025-11-21

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:10407 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/2218/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. R. S. Sammal, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant “Neeraj Mehra, son of Mohan Singh Mehra,” is seeking regular bail in relation to FIR dated 02.10.2025 bearing FIR No. 0060 of 2025, Police Station – Bhimtal, District – Nainital, wherein present applicant along with one Suresh have been implicated for the offences punishable under Section 8/21 read with Section 29 of the NDPS Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. He further submits that the alleged contraband, which is shown to be recovered from the applicant, is smack and which is below commercial quantity i.e. 31.78 gram. He further submits that there is no substantial compliance of mandatory provisions of the NDPS Act and there is no independent public witness though the search was made in public place. He further submits that charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant. 5. On the previous date, State Counsel was directed to get instructions in the matter. 6. Ms. Meenakshi Sharma, learned Brief Holder on instructions apprised to this Court, that there is one criminal case pending against the present applicant, in which he has already been bailed out. However, she has not disputed that alleged contraband which is shown to be recovered from applicant is non commercial and charge sheet has already been 2025:UHC:10407 filed, therefore, there is no need of custodial interrogation of the applicant. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that alleged contraband, which is shown to be recovered from the applicant is non commercial quantity, and charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant, this Court is of the view that the applicants deserve for bail. 8. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 9. Let the applicant “Neeraj Mehra, son of Mohan Singh Mehra” be released on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 21.11.2025 SKS 2025:UHC:10407