Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4061 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. 683 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Rajesh Joshi, learned counsel for the applicant.
2. Mr. Pankaj Joshi, learned AGA for the State.
3. Present applicant–Balvinder S/o Shri Sukhdev Singh is in judicial custody since 11.03.2025 and seeking bail in relation to FIR/Case Crime No.0079 of 2025, registered on the basis of FIR dated 11.03.2025 at Police Station Haldwani, District Nainital, wherein the present applicant has been implicated for the offences punishable under Sections 8, 18, 29 and 60 of the NDPS Act.
4.
Learned counsel for the applicant submits that the alleged contraband Afeem, which was shown to be recovered from the present applicant, is below the commercial quantity i.e. 447 gram, and, furthermore, there is no proper compliance of the mandatory provision of the NDPS Act, and, furthermore, the applicant has no previous criminal history.
5. He further submits that the other co- accused, namely, Atul Sagar has already been enlarged on bail by this Court vide
order dated 07.04.2025.
6. On the other side, learned State counsel have not disputed this fact that the alleged contraband, which was shown to be recovered from the present applicant, is below commercial quantity and the applicant has no previous criminal history, however, he submits that
2025:UHC:4061 the mandatory provision of the NDPS Act has been fully complied with. He also has not disputed this fact that the other co- accused has already been enlarged on bail vide order dated 07.04.2025.
7. After hearing the arguments as advanced by learned counsel for the parties and further taking into
consideration that the alleged contraband, which is shown to be recovered from the present applicant, is below commercial quantity and the applicant has no previous criminal history and the other co-accused, namely, Atul Sagar, has already been enlarged on bail, this Court is of the view that the applicant deserves to be enlarged on bail.
8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed.
9. Let the applicant, namely, Balvinder Singh, 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.
(Rakesh Thapliyal, J.) 16.05.2025 R.Bisht
2025:UHC:4061