Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1236 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1 No. 300 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Gaurav Singh, learned counsel for the applicant.
2. Mr. V.S. Pal, learned AGA for the State.
3. Present applicant–Mobeen Khan is seeking bail in relation to Case Crime No.26 of 2025 arising out of FIR dated 02.02.2025, Police Station – Kankhal, District – Haridwar, wherein the present applicant has been implicated for the offences punishable under Section 8/21 of Narcotics Drugs and Psychotropic Substances Act, 1985, P.S. Kankhal, District Haridwar.
4.
Learned counsel for the applicant submits that applicant is innocent and the alleged recovery, as shown, is false and fabricated, and, furthermore, at the time of recovery, though the place, where the recovery was made, was a public place, but there was no public witness and there is no compliance of Section 50 of the NDPS Act.
5. Apart from this, learned counsel for the applicant submits that the applicant has no previous criminal history and he is languishing in jail since 02.02.2025.
6. On the previous date, the State counsel was directed to get instruction in the matter particularly with regard to the criminal history of the present applicant and, today, on written instruction, Mr. V.S. Pal, learned AGA submits that the applicant has no previous criminal history.
2025:UHC:1236
7. So far as the quantity of the contraband, which was shown to be recovered from the present applicant, is concerned, Mr. V.S. Pal, learned AGA, on written instruction, also informs to this Court the alleged contraband is below the commercial quantity.
8. After hearing the arguments as advanced by learned counsel for the parties and further taking into
consideration that the applicant has no previous criminal history and the alleged contraband, which was shown to be recovered from the present applicant, is below the commercial quantity, this Court is of the view that the applicant deserves bail.
9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed.
10. Let the applicant, namely, Mobeen Khan, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
11. It is also made clear in order to ensure that the applicant may not indulge in any such activity in future, the applicant is
directed to report the concerned SHO within every 15 days in nearest police station.
12. The concerned SHO, Kankhal is
directed to send a copy of this order to the concerned nearest Police Station Bhuta of District Bareily, where the applicant is residing, so that the applicant may report to the police station regularly within every15 days.
(Rakesh Thapliyal, J.) 21.02.2025 R.Bisht
2025:UHC:1236