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2025 DAILYLAW 4992 (UTT)

RAJENDRA SINGH BORA v. STATE OF UTTARAKHAND

BA1/586/2025 · 2025-04-05

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2555 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. 586 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA for the State. 3. Present applicant–Rajendra Singh Bora is in judicial custody since 10.03.2025 seeking bail in relation to FIR/Case Crime No.0065 of 2025, registered on the basis of FIR dated 09.03.2025 at Police Station Lalkaun District Nainital, wherein the present applicant has been implicated for the offences punishable under Sections 8/20/60 of the N.D.P.S Act along with one other person, namely, Suresh Singh Negi. 4. Learned counsel for the applicant submits that the alleged contraband article, which was shown to be recovered from the present applicant, is 257 gram charas, which is much below the commercial quantity, and, furthermore, he has given reference of the earlier cases of the present applicant relating to the same offence and now he submits that in other two cases of N.D.P.S, the applicant has already been enlarged on bail. Apart from this, he submits that so far as the alleged seizure of the contraband is concerned, there is no proper compliance of the mandatory provision of the NDPS Act. 5. On the other side, Mr. Siddhartha Bisht, learned AGA for the State, has not disputed this fact that the contraband article, which was shown to be recovered from the present applicant, is below the 2025:UHC:2555 commercial quantity and the applicant is on bail in other two cases of the similar nature, however, he is strictly denied about the non compliance of the mandatory provisions of the NDPS Act. 6. After hearing the arguments, as advanced by learned counsel for the parties and further taking into consideration that the alleged contraband article is below the commercial quantity, this Court is of the view that the applicant deserves to be enlarged on bail but with some certain stringent conditions. 7. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 8. Let the applicant, namely, Rajendra Singh Bora, 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 shall report to nearest police station in every 15 days and the concerned SHO of the police station shall record his presence. (Rakesh Thapliyal, J.) 05.04.2025 R.Bisht 2025:UHC:2555