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2025 DAILYLAW 5065 (UTT)

MOHAMMAD SHADAB ANSARI v. STATE OF UTTARAKHAND

BA1/607/2025 · 2025-05-19

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4094 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. 607 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Kaushal Pandey, learned counsel, holding brief of Mr. Mehboob Rahi, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned AGA for the State. 3. Present applicant–Mohammad Shadab Ansari S/o Shri Mohammad Yunus Ansari is seeking bail in relation to FIR/Case Crime No.0075 of 2025, registered on the basis of FIR dated 06.03.2025 at Police Station Kiccha, District Udham Singh Nagar, wherein the present applicant along with one Chaman Babu have been implicated for the offences punishable under Sections 8/21 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 smack, which was shown to be recovered from the present applicant, is below commercial quantity i.e. 135 gram of smack. It is also submitted that the present applicant is languishing in jail since 07.03.2025 and there is no proper compliance of the mandatory provision of the NDPS Act, and, furthermore, the applicant has no previous criminal history. 5. On the other side, learned State counsel on written instruction, apprise to this Court that the applicant has no previous criminal history and the alleged contraband of smack, which was shown to be recovered from the present applicant, is below the commercial quantity. 6. After hearing the arguments as 2025:UHC:4094 advanced by learned counsel for the parties and further taking into consideration that the alleged contraband of smack, which was shown to be recovered from the present applicant, is 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, Mohammad Shadab Ansari, 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, if the applicant is found to be indulged in any criminal activities, the prosecution is directed to apprise this Court with immediate effect and apart from this, in every month, he shall report to the concerned nearest police station and the concerned SHO shall record his physical presence. (Rakesh Thapliyal, J.) 19.05.2025 R.Bisht 2025:UHC:4094