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2025 DAILYLAW 254 (UTT)

MOHD HUSAIN v. STATE OF UTTARAKHAND

BA2/215/2025 · 2026-04-09

Rakesh Thapliyal

body2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA2 No. 215 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. with Mrs. Rangoli Purohit, learned Brief Holder for the State. 3. The instant second bail application has been moved by the applicant ‘Mohd. Husain’ S/o Mohd. Ahmad praying for bail in reference to First Information Report dated 15.02.2025 bearing FIR No. 31 of 2025 P.S. Pulbhatta, District Udham Singh Nagar, wherein, the applicant has been implicated only for the offence punishable under section 8/21 of NDPS Act. 4. The First Bail Application was rejected on 08.07.2025 after taking into consideration that the applicant have a criminal history of five cases out of which three cases relates to robbery, dacoity and theft. 5. Now learned counsel for the applicant submits that all the previous cases were prior to 2017 and after 2017 there is no case except the present one and in all the previous cases he has already been enlarged on bail. 6. Apart from this, learned counsel submits that the alleged contraband, which is shown to be recovered is non-commercial quantity, therefore, section 37 will not come into the way. He further submits that the present applicant is languishing in jail since 01.03.2025 and uptill date not a single prosecution witness has been examined and in reference to this he placed before this court e-copy of the order-sheet of trial court. 7. Mr. Sandeep Sharma, learned A.G.A. submits that there is no fresh ground, therefore, the applicant does not deserve for bail, however, he has not disputed this fact that the applicant is languishing in jail since 01.03.2025 and uptill date not a single prosecution witness has been examined. 8. After hearing the arguments of learned counsel for the parties and taking into consideration that the alleged contraband is non-commercial quantity and hte applicant is languishing in jail since 01.03.2025 and furthermore uptill date not a single prosecution witness has been examined, this court is of the view that the instant second bail application moved by the applicant deserves to be allowed. 9. Accordingly, without expressing any opinion on the merit of the case instant second bail application is allowed. 10. Let the applicant ‘Mohd. Husain’ be released on bail on furnishing his personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. 11. It is made clear that after being released on bail the applicant shall cooperate and join with the Trial Court proceeding on each and every date without seeking any unnecessary adjournment and will not indulge in any criminal activity and furthermore he shall report to the nearest police station in every 15 days and the concerned S.H.O. of the nearest police station shall record his presence, failing which, the prosecution shall immediately apprise to the Trial Court for taking appropriate steps. (Rakesh Thapliyal, J.) 09.04.2026 PR