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2025 DAILYLAW 5564 (UTT)

HEMANT KUMAR v. STATE OF UTTARAKHAND

BA1/692/2025 · 2025-04-29

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:3247 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/692/2025 Hon'ble Rakesh Thapliyal, J. 1. Ms. Asmi, learned counsel holding the brief of Ms. Sadaf, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant is praying for regular bail in relation to FIR dated 26.03.2025 registered as FIR No. 0006 of 2025 at P.S. Lamgara, District Almora, wherein the present applicant has been implicated for the offence punishable under Section 8/20 of the NDPS. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated, and the alleged contraband (charas) which is shown to be recovered from the possession of the present applicant is below the commercial quantity, i.e., 0.738 gram and there is no proper compliance of mandatory sections of the NDPS Act. She further submits that the applicant has no previous criminal history and he is languishing in jail since 25.03.2025. 5. Learned A.G.A. has not disputed this fact that the alleged contraband which is shown to be recovered from the applicant is below the commercial quantity and further the applicant has no previous criminal history. 6. Having heard learned counsel for the parties and further taking into consideration that the alleged contraband which is shown to be recovered from the applicant is below the commercial quantity and applicant 2025:UHC:3247 has no previous criminal history, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant Hemant Kumar 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.) 29.04.2025 Parul 2025:UHC:3247