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2025 DAILYLAW 4537 (UTT)

NAZAKAT ALI v. STATE OF UTTARAKHAND

BA1/530/2025 · 2025-07-10

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.530 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Harsh Vardhan Dhanik and Mr. Imran Ali Khan, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Nazakat Ali S/o Kesar Ali, is seeking bail in relation to first information report dated 16.01.2025 bearing FIR No. 0035 of 2025, Police Station Kotwali, Jwalapur, District Haridwar, wherein the present applicant along with one Sohail has been implicated for the offences punishable under Sections 8/21 of the NDPS Act read with Section 25(1)(b) of the Arms Act and 109(1) of the BNS, 2023. 4. It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated and the alleged contraband, which is shown to be recovered from the present applicant, is 101 gram of Smack, is a non-commercial quantity. 5. He also submits that the present applicant has been charge-sheeted for the offences punishable under Section 25(1)(b) of the Arms Act, 109(1) of the BNS, 2023 Act and Section 8/21 of the NDPS Act. 6. He further submits that the investigation has been completed and the charge-sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant has no previous criminal history and is languishing in jail since 16.01.2025. 7. On the other side, Mr. V.S. Pal, learned AGA for the State has not disputed this fact that the alleged contraband, which is shown to be recovered from the present applicant, is a non-commercial quantity, and, furthermore, the charge-sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant. 8. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the alleged contraband, which is shown to be recovered from the present applicant, is a non-commercial quantity and the applicant has no previous criminal history, therefore, this Court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 10. Let the applicant, namely, Nazakat Ali, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 11. It is made clear that after being released on bail the applicant shall join the proceeding of trial Court on each and every date without seeking any unnecessary adjournment and if the applicant is found to be indulged in any such activity, then the trial Court is directed to take immediate steps for cancelling the bail. (Rakesh Thapliyal, J.) 10.07.2025 R.Bisht