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2025 DAILYLAW 2624 (UTT)

DINESH SINGH v. STATE OF UTTARAKHAND

BA1/283/2025 · 2025-02-20

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1229 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/283/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Harshpal Sekhon, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. The present applicant Dinesh Singh is seeking bail in relation to FIR No. 26 of 2025, dated 26.01.2025 registered at P.S. Gadarpur District Udham Singh Nagar wherein the present applicant has been implicated for the offence punishable under Section 8/20 of the NDPS Act. 4. Learned counsel for the applicant submits that the alleged contraband which was shown to be recovered from the present applicant is below the commercial quantity, and, furthermore there is no compliance of Section 50 of the NDPS Act. Apart from this, learned counsel for the applicant submits that the applicant has no previous criminal history and he is languishing in jail since 27.01.2025. 5. On the previous date, the State was directed to get instructions, and today Mr. V.S. Pal, learned A.G.A. on written instructions apprise to this Court that the applicant has no previous criminal history. 6. After hearing arguments of the learned counsel for the parties and further taking into consideration that the alleged contraband which was shown to be recovered from the applicant is below the commercial quantity, and, furthermore the 2025:UHC:1229 applicant has no previous criminal history, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves for bail. Accordingly, bail application is allowed. 7. Let the applicant Dinesh Singh 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. 8. It is made clear that if the applicant found to be indulged in any such activity, then the prosecution is free to move application for bail cancellation. (Rakesh Thapliyal, J.) 20.02.2025 Parul 2025:UHC:1229