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2025 DAILYLAW 4933 (UTT)

MARUF ALIAS BABAR v. STATE OF UTTARAKHAND

BA1/596/2025 · 2025-05-19

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4098 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. 596 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mohd Safdar, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Maruf alias Babar S/o Shri Parvej Khan, is seeking bail in relation to first information report dated 24.03.2025 bearing FIR No. 0099 of 2025, Police Station Bhagwanpur, District Haridwar, wherein the present applicant along with one Bhoora have been implicated for the offence punishable under Section 8/21/29/60 of the NDPS Act, 1985. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated, and, furthermore, the alleged contraband, which was shown to be recovered from the present applicant, is 40 gram of smack, which is much below the commercial quantity. Apart from this, he submits that there is no proper compliance of the mandatory provision of the NDPS Act, and, furthermore, no inventory was prepared and the applicant has no previous criminal history and he is languishing in jail since 25.03.2025. 5. On the other side, learned State counsel, on written instruction, has not disputed this fact that the alleged contraband, which was shown to be recovered from the present applicant, is below commercial quantity, and, furthermore, the applicant has no previous criminal history. 2025:UHC:4098 6. After hearing the arguments as advanced by 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 much below the commercial quantity, and, furthermore, the applicant has no previous criminal history, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 8. Let the applicant, namely, Maruf @ Babar, 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. 9. It is made clear that after being released on bail, the applicant will cooperate with the investigation and will not make any attempt to temper with the evidences, and, furthermore, if the applicant is found to be indulged in similar activities in future, the prosecution is directed to inform to this Court immediately. It is further made clear that after being released on bail, the applicant shall ensure his physical presence before the concerned nearest police Station and the concerned SHO shall record his presence in every 15 days. (Rakesh Thapliyal, J.) 19.05.2025 R.Bisht 2025:UHC:4098