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2025 DAILYLAW 336 (UTT)

MANAVVAR ALI v. STATE OF UTTARAKHAND

BA1/486/2025 · 2026-04-21

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 486 of 2025 Hon’ble Alok Mahra, J. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. This first bail application has been moved by the applicant – Manavvar Ali, seeking regular bail in Case Crime/F.I.R. No. 309 of 2024, under Sections 8/22 of NDPS Act, registered at Police Station Piran Kaliyar, District Haridwar. 4. Heard learned counsel for the parties and perused the material available on record. 5. As per the FIR, 100 injection of Buprenorphine injection ipbupine 2 ml. And 90 syringes injection were recovered from the possession of the applicant. 6. Learned counsel for the applicant would submit that as per the FIR, arrest memo and inventory report were prepared on the spot while FIR was lodged on the Police Station after a lapse of two and a half hours, but, arrest memo contains the FIR number. On this basis, it is submitted that entire recovery alleged by the prosecution is doubtful; that at the time of arrest, mandatory provision of Section 50 of NDPS Act have not been complied with, in letter and spirit. It is submitted that there is no previous criminal history of the applicant and he is languishing in jail since 13.07.2024. 7. Learned State Counsel, on the other hand, has vehemently opposed the bail application. 8. Considering the submission of learned counsel for the parties and also considering the fact that there is no previous criminal history of the applicant and he is languishing in jail since 13.07.2024, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. 9. The bail application is allowed. 10. Let the applicant be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject the following conditions:- i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment. ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. iii) The applicant shall not leave India without any prior permission of the trial Court. 11. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move the court for cancellation of bail. (Alok Mahra J.) 21.04.2026 Ujjwal