Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2610 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. 534 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Vikas Singh Yadav, learned counsel for the applicant.
2. Mr. Pankaj Joshi, learned A.G.A. for the State.
3. The present applicant ‘Atul Sagar’ S/o Shri Rajendra Singh is praying for regular bail in relation to First Information Report dated 11.03.2025 bearing FIR No. 79 of 2025 P.S. Haldwani, District Nainital. The present applicant has been implicated for the offences punishable under Sections 8, 18, 29 and 60 of the NDPS Act.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and the alleged contraband (Afeem), which is shown to be recovered from the applicant, is 447 gms., which is much below the commercial quantity.
5. Apart from this, learned counsel further submits that there is no compliance of the mandatory provisions of the NDPS Act and the applicant have no previous criminal history.
6. On the other side, learned A.G.A. Mr. Pankaj Joshi have not disputed this fact that the alleged contraband, which was shown to be recovered from the present applicant, is below commercial quantity and the applicant have no previous criminal history.
7. After hearing the 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 a commercial quantity and furthermore, the applicant have no previous criminal history, this court is of the view that the 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 ‘Atul Sagar’ be released on
2025:UHC:2610 bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 07.04.2025 PR