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2025 DAILYLAW 5412 (UTT)

ISHWAR DAGAURA v. STATE OF UTTARAKHAND

BA1/681/2025 · 2025-06-13

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 681 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Prem Kaushal, learned counsel for the applicant. 2. Mr. Siddharath Bisht learned Assistant Government Advocate for the State. 3. Present applicant “Ishwar Dagaura”, son of Shri Ghan Bahadur Dagaura, is praying for regular bail in relation to First Information Report dated 16.09.2024 bearing FIR No. 103 of 2024, Police Station – Tanakpur, District – Champawat, wherein present applicant along with one other accused Jenish Chaudhary, have been implicated for the offences punishable under Sections 8, 21 read with Section 22 of the NDPS Act. 4. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated and the recovery of the contraband is shown to be recovered from other accused and there is no recovery from the present applicant. He has placed reliance on the statement of Sub Inspector Arun Kumar, Inspector Harendra Singh and Assistant Commandant Jasowant which are enclosed with the counter affidavit filed by the State and they all have clearly stated that there is no recovery from the present applicant. He further submits that without any recovery present applicant has been implicated for the offences punishable under NDPS Act. 5. Apart from this, learned counsel for the applicant submits that since charge sheet has already been filed, therefore, there is no need of custodial interrogation and applicant has no previous criminal history. 6. On the other hand, learned AGA has not disputed this fact that charge sheet has already been filed, therefore, there is no need of custodial interrogation and there is no recovery from the present applicant. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that charge sheet has already been filed, therefore, there is no need of custodial interrogation and the applicant has no previous criminal history, therefore, this Court is of the view that 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 ‘‘Ishwar Dagaura”, son of Shri Ghan Bahadur Dagaura,” be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 13.06.2025. SKS