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2025 DAILYLAW 17128 (UTT)

MANG SINGH ALIAS MANGU v. STATE OF UTTARAKHAND

BA2/286/2025 · 2025-11-19

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2 No. 286 of 2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Basant Singh, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Himanshu Sain, learned Brief Holder for the State. 3. This is the second bail application moved on behalf of the applicant Mang Singh @ Mangu seeking bail in relation to FIR dated 04.02.2025, registered as FIR No. 05 of 2025 at P.S. Reetha Sahib, District Champawat wherein the present applicant along with one Kuldeep Joshi has been implicated for the offences punishable under Sections 8, 21, 27, 29 and 60 of the NDPS Act. 4. The first bail application BA1 No. 905 of 2025 was converted into short term bail and the applicant was granted short term bail, and, thereafter, he has surrendered and now move this second bail application. 5. It is submitted by the learned counsel for the applicant that the alleged contraband which is shown to be recovered is 112 gram smack, but, that too was recovered from the other co- accused and there is no recovery from the present applicant. He further submits that the applicant is made an accused for the offence punishable under Section 29 of the NDPS Act. He also submits that the alleged contraband, which is shown to be recovered, though, from the other accused is non commercial quantity. He further submits that the applicant’s daughter is suffering from heart disease and his wife is no more and there is no one to look after his daughter. He further submits that earlier the short term bail granted to the accused was never been misused and he is languishing in jail since 25.04.2025. He also submits that the other co-accused Kuldeep Joshi has also been granted bail by this Court. 6. On the other side, Mr. Sandhu, learned Addl. Advocate General with Mr. Himanshu Sain, learned Brief Holder for the State has not disputed this fact that the charge sheet has already been filed and other co-accused has already been granted bail. He has also not disputed this fact that the alleged contraband, which is shown to be recovered, is non commercial quantity but that too was recovered from other co-accused but after collecting all credible evidence charge-sheet has been filed. 7. After hearing the arguments of the learned counsel for the parties and taking into consideration that charge sheet has already been filed, and as such, there is no need of custodial interrogation of the applicant and furthermore other co- accused has already been enlarged on bail by this Court, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant Mang Singh @ Mangu be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 19.11.2025 Parul