2025:UHC:7702 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. 629 of 2025 Hon’ble Rakesh Thapliyal, J. (through V.C.) 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. The present applicant ‘Asif Hussain’ S/o Harish Ahmad is praying for bail in reference to First Information Report dated 02.03.2025 bearing FIR No. 0039 of 2025 P.S. Pulbhatta, District Udham Singh Nagar, wherein, one person namely Surendra Singh was implicated for the offence punishable under Section 8/21 of the NDPS Act. 4. It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated, which is evident from the fact that the applicant is not named in the FIR, however during investigation on the disclosure of his name by the co-accused, who is named in the FIR, the applicant is made an accused for the offence punishable under Section 29 of the NDPS Act. 5. Learned counsel submits that along with the present applicant one more person namely Gursewak Singh was implicated for the offence punishable under Section 29 of NDPS Act and he has been granted bail by this court on 20.06.2025. Apart from this he submits that the applicant is not previously convict. 6. Mr. Saurabh Kumar Pandey further submits that the alleged contraband, which is shown to be recovered from the person, who is named in the FIR, is below a commercial quantity. He also submits that there is no recovery from the present applicant. 7. On the other side, Mr. V.S. Pal, learned A.G.A. have not disputed this fact that the other co-accused Gursewak Singh, who is also the accused for the offence punishable under Section 29 of the NDPS Act is already granted bail by this court, however, he has apprised to this court that 2025:UHC:7702 the applicant have criminal history of four cases out of which three cases relates to the NDPS Act though he is already bailed out. He also apprise to this court that the co-accused who was also granted bail was also having criminal history of four cases. 8. After hearing the arguments of learned counsel for the parties and further taking into consideration that the applicant is an accused for the offence punishable under Section 29 of the NDPS Act and the other co-accused Gursewak Singh is also enlarged on bail, therefore, this court is of the view that the present applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 10. Let the applicant ‘Asif Hussain’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 11. It is made clear that after being released on bail the applicant is directed to appear before the nearest police station in every 15 days and the concerned SHO shall record his presence, failing which the prosecution is directed to move immediately an application for cancellation of bail. (Rakesh Thapliyal, J.) 29.08.2025 PR 2025:UHC:7702