2025:UHC:10998 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. 257 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mrs. Neetu 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 present applicant ‘Aqil’ S/o Maksood is praying for bail in reference to First Information Report dated 27.04.2025 bearing FIR No. 0459 of 2025 P.S. Laksar, District Haridwar, wherein, the present applicant along with one Aqlakh have been implicated for the offences punishable under Sections 8/21 of NDPS Act. 4. This is the second bail application. The first bail application was rejected on 22.07.2025 on the ground that the applicant have a criminal history of seven cases and most of the cases relates to NDPS. Now, the instant second bail application has been moved on the ground that the applicant is suffering from intellectual disability and as such in view of Section 330 of Cr.P.C. the applicant deserves for bail. 5. The deponent wife of the applicant file an affidavit in support of the bail application by furnishing an undertaking in terms of Section 330 of Cr.P.C., wherein, it is mentioned that the applicant is under treatment of Doctor at AIIMS, Rishikesh and Himalayan Hospital Jollygrant, Dehradun and he shall be kept under the treatment of his unsoundness of mind (intellectual disability). 6. It is further mentioned that the applicant shall be kept under supervision and treatment under the Psychiatric Doctor till he recovers from his health and the deponent being the wife of the applicant shall ensure that the applicant will not indulge in any such activity rather the applicant will be under strict supervision. 7. On the previous date the State was directed to get the instructions and on 24.11.2025 Mr. G.S. 2025:UHC:10998 Sandhu apprise to this court that the applicant is being sent for higher center for medical examination and requests that the matter be posted after some days. Now, today, the report has been furnished by Mr. Sandhu before this court and I peruse the same and it appears from this report that the applicant is suffering from intellectual disability, which has been disclosed in the application. 8. So far as present bail application is concerned, the present applicant is languishing in jail since 27.04.2025 and the charge-sheet has already been submitted on 23.06.2025 and furthermore the alleged contraband, which is shown to be recovered, is non-commercial quantity, this court at this juncture is of the view that since the applicant is required immediate medical treatment, there is no useful purpose to detain the applicant in jail. 9. Mr. Sandhu at this juncture pointed that infact the applicant is a habitual offender since he was involved in several criminal cases relating to the same nature of allegations, therefore, at this juncture if the applicant is enlarged on bail some stringent conditions may also be imposed. 10. The suggestion as given by Mr. Sandhu is really appreciable. 11. In view of the discussions and observations as made above, this court is of the view that taking into consideration that the applicant is suffering from intellectual disability, therefore deserves to get the benefit of Section 330 of Cr.P.C. and as such is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 13. Let the applicant ‘Aqil’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 14. It is made clear that after being released on bail the deponent wife of the applicant will abide by the undertaking as given in the affidavit. (Rakesh Thapliyal, J.) 10.12.2025 PR 2025:UHC:10998