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2025 DAILYLAW 3146 (UTT)

MOHAN SINGH v. STATE OF UTTARAKHAND

BA1/358/2025 · 2025-03-04

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1500 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. 358 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Manav Sharma, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned Brief Holder for the State. 3. The present applicant ‘Mohan Singh’ is seeking bail in relation to Case Crime No. 0026 of 2025 registered on the basis of First Information Report dated 26.01.2025 P.S. Gadarpur, District Udham Singh Nagar, wherein, the present applicant has been implicated for the offence punishable under Section 8/20 of 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 a commercial quantity and there is no compliance of the mandatory provisions of NDPS Act particularly Section 50. 5. Apart from this, he submits that the applicant has no previous criminal history and the other co-accused has been enlarged on bail by this court on 20.02.2025. 6. Mr. Sandeep Sharma, learned Brief Holder for the State have not disputed this fact that the alleged contraband, which was shown to be recovered from the applicant, was below commercial quantity and the applicant has no previous criminal history. He has also fairly submits that the other co-accused has been enlarged on bail. 7. After hearing the argument of 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 applicant, was below commercial quantity and furthermore the other co accused have been enlarged on bail, this court is of the view that the applicant deserves for bail. 2025:UHC:1500 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant ‘Mohan Singh’ be released on bail on furnishing his personal bond and two sureties of each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 04.03.2025 PR 2025:UHC:1500