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2025 DAILYLAW 4961 (UTT)

MOHD. DANISH ALIAS PINDARI v. STATE OF UTTARAKHAND

BA1/603/2025 · 2025-04-08

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 JUDGES’S ORDERS BA1 No. 603 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Vikas Singh Yadav, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. with Mrs. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant ‘Mohd. Danish alias Pindari’, who is praying for regular bail in relation to First Information Report dated 22.02.2025 bearing FIR No. 44 of 2025 P.S. Vanbhoolpura, District Nainital, wherein, the present applicant has been implicated for the offences punishable under Sections 8, 22, 29 and 60 of NDPS Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, which is evident from the fact that there is no proper compliance of Section 100(4) of Cr.P.C 5. He further submits that the applicant is languishing in jail since 23.02.2025 and there is no independent witness. 6. On the other side, learned State counsel submits that the applicant is habitual offender and he was also implicated earlier in the case of similar nature. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that the alleged prohibited drugs, which was shown to be recovered from the present applicant, is above commercial quantity and furthermore the applicant have criminal history of one case of similar nature, this court is of the view that the applicant does not deserve for bail. 8. Accordingly, bail application is rejected. (Rakesh Thapliyal, J.) 08.04.2025 PR