Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3803 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/625/2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Ketan Aswal, learned counsel for the applicant.
2. Mr. Siddharath Bisht, learned Assistant Government Advocate and Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicant ‘Prahlad Singh’ S/o Aalam Singh, is praying for regular bail in relation to First Information Report dated 06.03.2025 bearing FIR No. 0008 of 2025, Police Station – Didihat, District Pithoragarh, wherein present applicant has been implicated for the offences punishable under Sections 8 / 20 of the NDPS Act.
4.
Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated and the contraband which is shown to be recovered from the applicant is 833 gram, which is below the commercial quantity and there is no compliance of Section 50 of the NDPS Act and applicant is languishing in jail since 06.03.2025 and he has criminal history of one case bearing Case Crime No. 146 of 2004 relating to the same nature of offence in which applicant is convicted and against which appeal is pending for adjudication.
5. On the other side, learned State Counsel have not disputed this fact that the contraband which is shown to be recovered from the applicant is below the commercial quantity.
6. After hearing the arguments of learned counsel for the parties and further taking into
consideration that the contraband which is shown to be recovered from the applicant is below the commercial quantity and applicant
2025:UHC:3803 is languishing in jail since 06.03.2025 and other criminal case pertains to the year of 2004 in which criminal appeal is pending for adjudication, therefore, this Court is of the view that the applicant deserves for bail.
7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
8. Let the applicant ‘Prahlad Singh’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
9. It is made clear that if applicant is found to be indulged in such activity of similar nature, in future, then prosecution is free move application for cancellation of bail.
(Rakesh Thapliyal, J.)
13.05.2025. SKS