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2025 DAILYLAW 318 (UTT)

TASBBAR HUSAIN v. STATE OF UTTARAKHAND

BA1/1124/2025 · 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 JUDGE’S ORDERS BA1/1124/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Ankush Singhal, learned counsel holding the brief of Mr. Harshpal Sekhon, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A for the State. 3. Present applicant Tasbbar Husain, S/o Akbar Hussain is praying for bail in relation to FIR dated 15.02.2025, bearing FIR No. 0031 of 2025, registered at P.S. Pulbhatta, District Udham Singh Nagar wherein the present applicant has been implicated for the offences punishable under Sections 8/21 of Narcotic Drugs and Psychotropic Substances Act. 4. It is contended by the learned counsel for the applicant that the present applicant is languishing in jail since 16.02.2025 and up till date not a single prosecution witness has been examined. He further submits that the applicant has previous criminal history of four cases with the same nature of allegation but since 2022 he is not indulged in such type of activity and in all previous cases he was already enlarged on bail. Apart from this, it is submitted that alleged contraband which is shown to be recovered is 0.29 gms. of Smack and as such the rider of Section 37 will not come in the way. 5. On the other side, Mr. Sandeep Sharma, learned A.G.A for the State has not disputed this fact that the present applicant is languishing in jail since 16.02.2025 and the alleged contraband is a non commercial one and up till date not a single prosecution witness has been examined. 6. After hearing the arguments of the learned counsel for the parties and taking into consideration that the present applicant is languishing in jail since 16.02.2025 and the alleged contraband which is shown to be recovered is not a commercial quantity and up till date not a single prosecution witness has been examined, this Court is of the view that the present applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 8. Let the applicant Tasbbar Hussain 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. 9. It is made clear that after being released on bail, the applicant shall not indulge in such criminal activity and shall report to the concerned nearest Police Station twice a month on every 15 days, failing which the prosecution shall immediately apprise to the trial court about non compliance and the trial court will take necessary steps. In addition to this, the applicant shall join the trial court proceeding on each and every date without seeking unnecessary adjournment. (Rakesh Thapliyal, J.) 09.04.2026 Nahid