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2025 DAILYLAW 3816 (UTT)

BACHI SINGH v. STATE OF UTTARAKHAND

BA1/429/2025 · 2025-03-17

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1786 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/429/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Sharang Dhulia, learned counsel for the applicant through V.C. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant- Bachi Singh, is in judicial custody in relation to FIR no. 04 of 2025 wherein the present applicant has been implicated for the offence punishable under Section 8/20 of the NDPS Act registered at P.S. Mukteshwar District Nainital. 4. 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 is 283.15 gm., which is below the commercial quantity. He further submits that there is no proper compliance of Sections 50, 52, 55 and 57 of the NDPS Act, and, furthermore the applicant has no previous criminal history and in this particular case he is languishing in jail since 13.02.2025. 5. Mr. V.S. Pal, learned A.G.A. on written instructions, has not disputed this fact that the applicant has no previous criminal history and the alleged contraband which was shown to be recovered from the applicant is below the commercial quantity. 6. After hearing arguments of the learned counsel for the parties, and further taking into consideration that the alleged contraband which was shown to be recovered from the present applicant is below the commercial quantity and the 2025:UHC:1786 applicant has no previous criminal history, 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- Bachi Singh 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. (Rakesh Thapliyal, J.) 17.03.2025 Parul 2025:UHC:1786