2025:UHC:5383 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/469/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mohd. Azim, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned AGA with Mr. Himanshu Sain, learned Brief Holder the State. 3. Present applicant ‘Mohd. Juber, son of Mohd. Aafak,’ is praying for regular bail in relation to First Information Report dated 06.02.2025 bearing FIR No. 59 of 2025, Police Station – Jaspur, District – Udham Singh Nagar wherein present applicant has been implicated for the offences punishable under Section 8/21 of the NDPS Act. 4. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated and the alleged contraband “smack”, which is shown to be recovered from the present applicant, is 12.55 gram of smack, which is much below the commercial quantity. He further submits that there is no substantial compliance of Section 50, 52 and 57 of the NDPS Act and applicant is languishing in jail since 07.02.2025. 5. Apart from this, he submits that applicant has criminal history of two cases, one case is for the offence punishable under the NDPS Act and another case is for the offence punishable under Sections 380, 511 IPC and in both the cases, applicant is bailed out. 6. On the other side, learned State Counsel has not disputed this fact that contraband which is shown to be recovered from the applicant is below commercial quantity and in both the criminal cases, the applicant is bailed out, however, he submits that investigation is 2025:UHC:5383 going on. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that contraband which is shown to be recovered from the applicant is non commercial quantity and in the pending criminal cases, the applicant is bailed out, therefore, this Court is of the view that applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant ‘‘Mohd. Juber, son of Mohd. Aafak,” be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 10. It is made clear that after being released on bail, the applicant shall cooperate with the investigation and report to the nearest police station on the 1st day of each month and the SHO concerned shall mark his presence, failing which the prosecution is free to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 25.06.2025. SKS 2025:UHC:5383