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2025 DAILYLAW 3878 (UTT)

VIPIN v. STATE OF UTTARAKHAND

BA1/427/2025 · 2025-04-09

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2709 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/427/2025 Hon'ble Rakesh Thapliyal, J. 1. Ms. Manju Bahuguna and Mr. D.N. Sharma, learned counsel for the applicant. 2. Mr. Siddharth Bisht, learned A.G.A. and Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant- Vipin is praying for regular bail in relation to FIR dated 09.02.2025 registered as FIR No. 0044 of 2025 at P.S. ITI District Udham Singh Nagar wherein the present applicant has been implicated for the offence punishable under Section 8/20/60 of the NDPS Act. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and furthermore alleged contraband (ganja) which is shown to be recovered from the possession of the present applicant is 6.230 kg which is below the commercial quantity. It is further submitted that there is no proper compliance of mandatory provision of the NDPS Act particularly Section 50 of the NDPS Act. It is further submitted that the applicant has no previous criminal history and is languishing in jail since 09.02.2025. 5. On the other side, Mr. Siddharth Bisht, learned A.G.A. on written instructions apprise this Court that the applicant has no previous criminal history and towards recovery of alleged contraband he submits that the alleged contraband which is shown to be recovered from the possession of the 2025:UHC:2709 applicant is below the commercial quantity. 6. After hearing the arguments of the learned counsel for the parties, and further taking into consideration that the alleged contraband which is shown to be recovered from the possession of the applicant is below the commercial quantity and furthermore applicant has no previous criminal history, thus, without expressing any opinion on the merit of the case this Court is of the view that the applicant deserves for bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Vipin 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.) 09.04.2025 Parul 2025:UHC:2709