2025:UHC:1800 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2 No. 47 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Shubhash Chand Burman, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. This is a second bail application no. 47 of 2025 and the first bail application was dismissed as withdrawn on 21.02.2025. Since, the first bail application was not dismissed on merit, therefore, the present second bail application is being heard on merit. 4. The present applicant is in judicial custody in relation to First Information Report dated 16.12.2024 bearing FIR No. 0027 of 2024 P.S. Devprayag, District Tehri Garhwal, wherein, the present applicant has been implicated for the offence under Section 8/20 of NDPS Act. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and the alleged contraband which was shown to be recovered from the applicant i.e. 415 grams of charas is below a commercial quantity. Furthermore, there is no proper compliance of Section 50 and 52A of NDPS Act. 6. Apart from this, he submits that the applicant has no previous criminal history. 7. On the other side, learned A.G.A. Mr. V.S. Pal on written instructions informed to this court that the applicant have no previous criminal history and so far the alleged contraband which was shown to be recovered from the applicant is concerned he also fairly submits it is below a commercial quantity. 8. After hearing learned counsel for the parties and further taking into consideration that the applicant has no previous criminal history and is languishing in jail since 16.12.2024 and the alleged contraband which was shown to be recovered from the applicant is below a commercial quantity, this court is of the view that the applicant deserves for bail. 2025:UHC:1800 9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 10. Let the applicant ‘Virender Kumar’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 17.03.2025 PR