Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1440
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/280/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Vikas Pandey, learned counsel holding brief of Mr. Amit Kapri, learned counsel for the applicant.
2. Ms. Manisha Rana, learned Assistant Government Advocate for the State.
3. Present applicant is in judicial custody in relation to FIR dated 07.01.2025 bearing FIR No. 0003 of 2025, registered at Police Station – Kotwali Pithoragarh, District Pithoragarh, wherein present applicant along with two other accused have been implicated for the offences punishable under Section 8, 20, 60 of the NDPS Act.
4.
Learned counsel for the applicant submits that applicant is not named in the FIR, however, his name came into light during the course of investigation when two other co-accused disclosed the name of the applicant and then he made an accused of Section 29 of the NDPS Act.
5.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. He further submits that there is no compliance of mandatory provisions of the NDPS Act. He further submits that other co-accused namely Sanjeev Kumar Pant and Saurabh Joshi, from whose possession the alleged contraband was recovered, were enlarged on bail by the Special Judge, NDPS Act, Pithoragarh. He has also supply the copy of their bail order, which are placed on record. He further submits that applicant has no previous criminal history.
6. Learned State Counsel has not disputed this fact that other co accused have already been enlarged on bail from whose possession alleged contraband was recovered and applicant has no criminal history.
7. After hearing learned counsel for the parties and further taking into consideration the fact that other co accused namely Sanjeev Kumar Pant and
2025:UHC:1440 Saurabh Joshi have already been enlarged on bail from whose possession alleged contraband was recovered and applicant has no criminal history, this Court is of the view that applicant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed.
8. Let the applicant Prakash Singh, be released on bail, on his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 28.02.2025 SKS
2025:UHC:1440