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High Court of Uttarakhand · body

2025 DAILYLAW 1864 (UTT)

PUSHPIT SHUKLA v. STATE OF UTTARAKHAND

BA1/183/2025 · 2025-02-13

Ravindra Maithani

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.183 of 2025 Pushpit Shukla …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Gaurav Singh, Advocate for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State. With First Bail Application No.193 of 2025 Neeraj …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Gaurav Singh, Advocate for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State. Hon’ble Ravindra Maithani, J. (Oral) Since both these bail applications arise from one and the same FIR, they are being heard together and decided by this common order. 2. The applicants Pushpit Shukla and Neeraj are in judicial custody in FIR/Case Crime No.04 of 2025, dated 09.01.2025, under Sections 8/21/27/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Rajpur, District Dehradun. They have sought their release on bail. 2 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, on 09.01.2025, police intercepted a Scooty, driven by the applicant Neeraj. The applicant Pushpit Shukla was the pillion rider. When search was made from the possession of Pushpit Shukla 32 Grams Smack was allegedly recovered. 5. It is argued that nothing was recovered from the applicant Neeraj; it is a case of non-compliance of Section 50 of the Act; the applicants were not offered their right to search before the Magistrate/Gazetted Officer; the allegedly recovered quantity is less than commercial; the applicants are not the previous convict. 6. Learned State counsel would submit that the bail rejection orders do not reveal that the applicants are the previous convict. 7. Having considered, this Court is of the view that these are the cases fit for bail and the applicants deserve to be enlarged on bail. 8. The bail applications are allowed. 3 9. Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount; by each one of them to the satisfaction of the court concerned. (Ravindra Maithani, J.) 13.02.2025 Sanjay