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2025 DAILYLAW 16742 (UTT)

HASEEN v. STATE OF UTTARAKHAND

BA2/287/2025 · 2025-12-17

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:11297 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA2 No. 287 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Additional Advocate General with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The First Bail Application was rejected on 02.05.2025. Now, the instant second bail application has been moved on behalf of the applicant praying for bail in reference to First Information Report dated 10.12.2024 bearing FIR No. 492 of 2024, P.S. Piran Kaliyar, District Haridwar, which was lodged for the offences punishable under Sections 8/21 r/w Section 29 of NDPS Act implicating two persons namely Parvez and Parvez @ Hafizi Baba including the applicant. 4. Learned counsel for the applicant submits that the applicant already suffered long incarceration since he is in jail since 27.12.2024 and the trial has already been commenced and in earlier cases which relates to the similar nature of allegations except one which relates to the Gangster Act on the basis of the present FIR he has already been enlarged on bail. He also submits that the alleged contraband, which is shown to be recovered, is a non-commercial quantity. 5. On the other side, learned State counsel have not disputed that the present applicant is languishing in jail since 27.12.2024 and the trial has already been commenced and the alleged contraband, which is shown to be recovered, is a non-commercial quantity. 6. After hearing the arguments of the learned counsel for the applicant and taking into consideration that the applicant already suffered long incarceration since he is in jail since 27.12.2025 and furthermore the alleged contraband, which is shown to be recovered, is a non-commercial quantity, this court is of the view that the applicant deserves for bail. 2025:UHC:11297 7. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 8. Let the applicant ‘Haseen’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being released on bail the applicant shall report to the nearest police station and the concerned SHO shall record his presence, failing which the prosecution is free to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 17.12.2025 PR 2025:UHC:11297