No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 1517 of 2025 Hon ’ble Alok Mah r a, J. Mr. Pawan Mishra, learned counsel for the applicant. 2. Mr. Rakesh Joshi, learned A.G.A. for the State. 3. The applicant – Pratap Singh Kushwah, who is in judicial custody in connection with FIR/ Case Crime No. 10 of 2025, under Sections 123, 305(B), 3(5) and 317(2) of BNS and Section 8/ 22 of NDPS Act, registered at G.R.P., District Dehradun, has sought his release on bail. 4. In this case, applicant alongwith another co-accused was apprehended on 23.06.2025 at 07: 50 PM near Railway Station, Rishikesh and as per the recovery memo, 159 tablets of lorazepam of 2mg each was recovered from a blue bag, which was lying beside both of them. 5. Learned counsel for the applicant would submit that as per the recovery memo, the alleged lorazepam tablet, which was shown to be recovered from the possession of the applicant, was not recovered from his possession as the bag was lying beside them and there is no other item inside the bag which would relate the bag with the applicant. It is further submitted there was no conscious possession of the bag by the applicant as the bag does not belong to him and he was not aware as to what was inside the bag and he has falsely been implicated in the case. I t is further submitted that chargesheet was submitted in the month of August, 2025 and thereafter cognizance was taken but till date, no prosecution witness has been examined. It is also submitted that applicant is languishing in jail since 24.06.2025. 6. Per contra, learned State Counsel has vehemently opposed the bail application. It is submitted by learned State Counsel that victim have identified the applicant on the basis of the CCTV footage in which they have given statement under Section 161 before the Investigating Officer that the applicant and the other co-accused have offered them Maaza cold drink and water when they were sitting inside the coach and travelling from Rishikesh to Delhi. Learned State Counsel would also submit that the applicant has previous criminal history including one case pertaining to NDPS Act. 7. To this, learned counsel for the applicant would submit that applicant is not convicted in any of those cases and he is bailed out in the case pertaining to NDPS Act. 8. Be that as it may, considering the fact that in this case, there was no conscious possession of the bag by the applicant as such the alleged recovery of tablets cannot be accounted as recovery from the possession of the applicant and also considering the fact that amount of lorazepam tablet was only 31.8 grams, which is below commercial quantity, therefore, strict provisions of Section 37 of NDPS Act would not be applicable in the present case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 9. The bail application is allowed. 10. Let the applicant be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject to the following conditions: - (a) The applicant shall not leave the country without prior permission of the court. (b) The applicant shall appear before the investigating officer as and when required and cooperate with the investigation. (c) The applicant shall not tamper with evidence or witnesses, either directly or indirectly and shall not indulge in any criminal activity while on bail. (d) The applicant shall surrender his passport, if any, to the court or to the investigating agency, to preclude risk of absconding. 11. The bail granted to the applicant shall be liable to be cancelled in the event of any violation of the aforesaid conditions or if the applicant is found to have misused the liberty granted to him. ( Alok Mah r a J.) 13.05.2026 Ujjwal