2025:UHC:4193 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/248/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Pandey, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned Assistant Government Advocate for the State. 3. Present applicant ‘Kulvinder Singh @ Kindu’ is praying for regular bail in relation to First Information Report dated 28.01.2025 bearing FIR No. 31 of 2025, Police Station – Nanakmatta, District – Udham Singh Nagar wherein present applicant has been implicated for the offences punishable under Section 109 BNS, under Section 8 / 21 of the NDPS Act and under Section 3 /25 of the Arms Act. 4. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated and the alleged contraband smack, which is shown to be recovered from the present applicant, is 140.85 gram smack, which is much below commercial quantity. He further submits that there is no proper compliance of the provisions of NDPS Act and the procedure of Section 52 A of the NDPS Act has not been followed and applicant is languishing in jail since 29.01.2025. He further submits that charge-sheet has already been filed, therefore, there is no need of custodial interrogation. He further submits that applicant has criminal history of one case relating same nature of offence wherein he is already bailed out. 5. On the other side, learned State Counsel has seriously opposed the bail application and submits that there is proper compliance of the provisions of NDPS Act including the procedure of Section 52 A of the NDPS Act. However, he has not disputed that the contraband which is shown to be recovered from the applicant is below commercial quantity and in another criminal case of similar nature applicant is bailed out and since 2025:UHC:4193 charge-sheet has already been filed, therefore, there is no need of custodial interrogation. 6. After hearing the arguments of learned counsel for the parties and further taking into consideration that charge-sheet has already been filed, therefore, there is no need of custodial interrogation and in other criminal case, applicant is already bailed out and the contraband which is shown to be recovered from the applicant is below commercial quantity, therefore, this Court is of the view that applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant ‘‘Kulvinder Singh @ Kindu” 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.) 20.05.2025. SKS 2025:UHC:4193