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2025 DAILYLAW 3486 (UTT)

GURCHARAN SINGH ALIAS MINTU v. STATE OF UTTARAKHAND

BA1/386/2025 · 2025-03-20

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2003 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/386/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Rishabh Bisht, learned counsel holding brief of Mr. V.K. Guglani, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant is in judicial custody since 13.01.2025 in relation to FIR dated 13.01.2025 bearing FIR No. 0036 of 2025, registered at Police Station – Rudrapur, District – Udham Singh Nagar, wherein present applicant has been implicated for the offences punishable under Section 8/ 18 read with Section 60 of the NDPS Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. Learned counsel for the applicant further submits that alleged contraband (Afeem), which was shown to be recovered from the applicant is 452 gram, which is below the commercial quantity and there is no compliance of mandatory provisions of the NDPS Act and applicant has no previous criminal history. 5. On the other hand, learned AGA submits that there is proper compliance of mandatory provisions of the NDPS Act but he has not disputed that the contraband which was shown to be recovered from the applicant is below commercial quantity and applicant has no previous criminal history. 6. After hearing learned counsel for the parties and further taking into consideration the fact that contraband shown to be recovered from the applicant is below commercial quantity and applicant has no previous 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. 2025:UHC:2003 7. Let the applicant “Gurcharan Singh @ Mintu” 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. 8. It is made clear that if the applicant after being released is found to be indulged in any such activity, the prosecution is free to move bail cancellation application without any delay. (Rakesh Thapliyal, J.) 20.03.2025 SKS