Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 5146 (UTT)

AHSAN v. STATE OF UTTARAKHAND

BA1/633/2025 · 2025-05-19

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4092 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. 633 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned AGA for the State. 3. Present applicant–Ahsan S/o Shri Jamshed is in judicial custody since 01.04.2025 and seeking bail in relation to FIR/Case Crime No.138 of 2025, registered on the basis of FIR dated 31.03.2025 at Police Station Kotwali Jwalapur, District Haridwar, wherein the present applicant along with one Sahib alias Brand have been implicated for the offences punishable under Sections 8/21/29/60 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 much below the commercial quantity i.e. 20.33 gram of smack. It is also submitted that and there is no proper compliance of the mandatory provision of the NDPS Act, and, furthermore, in this case, the present applicant is languishing in jail since 01.04.2025 and has no previous criminal history. 5. On the other side, learned State counsel has not disputed this fact 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. 2025:UHC:4092 6. After hearing the arguments as 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, Ahsan, 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 the concerned nearest police station in every month and the concerned SHO shall record his presence, failing which, the prosecution is free to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 19.05.2025 R.Bisht 2025:UHC:4092