2025:UHC:4062 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. 694 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned AGA for the State. 3. Present applicant–Nandan Singh Bisht S/o Shri Late Pratap Singh Bisht is in judicial custody since 26.03.2025 and seeking bail in relation to FIR/Case Crime No.0351 of 2024, registered on the basis of FIR dated 16.12.2024 at Police Station Transit Camp, District Udham Singh Nagar, which was lodged for the offences punishable under Sections 8/20 of the NDPS Act, 1985, wherein one person, namely, Rahul Das, was implicated. 4. During investigation the applicant’s name came into light on the statement of the main accused-Rahul Das, who is named in the FIR. Consequently, the applicant was implicated for the offence punishable under Section 29 of the NDPS Act. 5. Learned counsel for the applicant submits that merely on the statement of the accused, who is named in the FIR, the applicant has been implicated though as a matter of fact, neither there is any recovery from the present applicant, nor any such amount was credited directly in his account. Apart from this, he submits that the applicant has been falsely implicated, which is evident from the fact that in fact the main accused-Rahul Das disclosed the name of other person, namely Mohd. Rashid, but he has not been implicated though the present applicant is owner of a garment shop and have no nexus either 2025:UHC:4062 with the main accused or the person whose name was disclosed. Apart from this, he submits that even otherwise, there is no proper compliance of the mandatory provision of Section 42 and 50 of the NDPS Act. He submits that earlier the applicant was also implicated in other Case Crime No.07 of 2024 with the same nature of allegation, however, in that case the applicant has already been enlarged on bail. 6. On the other side, learned State counsel opposed the bail application and submits that since the name of the applicant was disclosed by the main accused-Rahul Das, therefore the applicant is made an accused for the offence punishable under Section 29 of the NDPS Act, however, he has not disputed this fact that there is no recovery from the present applicant. He has also not disputed this fact that in other criminal case of similar nature, the applicant has already been enlarged on bail. 7. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that there is no recovery from the applicant and the applicant is made an accused for Section 29 of the NDPS Act, 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, Nandan Singh Bisht, 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. 10. It is made clear that after being released on bail if the applicant is found to be indulged in any such similar activities, 2025:UHC:4062 the prosecution is free to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 16.05.2025 R.Bisht