Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4144 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA3/17/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Bharat Chaudhary,
learned counsel for the applicant.
2. Mr. Himanshu Sain, learned Brief Holder for the State.
3. This is third bail application moved on behalf of the applicant. First bail application was dismissed as withdrawn on 27.03.2025. Second bail application was also dismissed as withdrawn on
07.04.2025.
4. Present applicant Sundar, S/o Bhram Singh is praying for regular bail in relation to FIR dated 12.02.2025 registered as FIR No. 0017 of 2025 at P.S. Muni Ki Reti District Tehri Garhwal wherein the present applicant has been implicated for the offence punishable under Section 8/21 of the NDPS Act.
5.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and the alleged contraband, i.e, smack which is shown to be recovered from the possession of the applicant is below the commercial quantity that is 214.76 gm. Apart from this, he submits that there is no proper compliance of the mandatory provisions of the NDPS Act and the applicant has no previous criminal history and is languishing in jail since
12.02.2025.
6. On the other side, learned counsel for the State on written instructions has not disputed this fact that the alleged contraband which is shown to be recovered from the applicant is below
2025:UHC:4144 the commercial quantity and further the applicant has no previous criminal history and he also apprise this Court that charge sheet has already been filed.
7. After hearing the arguments of the
learned counsel for the parties and further taking into consideration that the alleged contraband which is shown to be recovered from the possession of the applicant is below the commercial quantity and the charge sheet has already been filed and further the applicant has no previous criminal history, this Court is of the view that the applicant deserves for bail.
8. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.
9. Let the applicant Sundar be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
19.05.2025 Parul
2025:UHC:4144