2025:UHC:4091 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. 696 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–Surendra Singh S/o Shri Balwant Singh is in judicial custody since 02.03.2025 and seeking bail in relation to FIR/Case Crime No.0039 of 2025, registered on the basis of FIR dated 02.03.2025 at Police Station Pulbatta, District Udham Singh Nagar, wherein the present applicant has been implicated for the offences punishable under Sections 8/21 of the NDPS Act, 1985. 4. Learned counsel for the applicant submits that the alleged contraband, which was shown to be recovered from the present applicant, is 128 gram of smack, and there is no proper compliance of the mandatory provision of the NDPS Act, and, furthermore, in this case, the present applicant is languishing in jail since 02.03.2025. 5. In para No.16 of the bail application, it is contended that earlier to this case, the present applicant was also implicated in another case, which pertains to similar nature of the allegations, but in that case, the alleged contraband, which was shown to be recovered from the present applicant, was also a small quantity, in which he has already bailed out. 6. On the other side, learned State counsel has not disputed this fact that the alleged contraband of smack, which was shown to be recovered from the present 2025:UHC:4091 applicant, is below the commercial quantity and he has also not disputed this fact that in the earlier case, the applicant was implicated in the similar nature of allegations, wherein, the alleged contraband was a smaller quantity, in which he has already bailed out. 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 much below the commercial quantity, and, furthermore, in the earlier case, the contraband was recovered, was a smaller quantity, in which he has already bailed out, 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, Surendra 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.) 19.05.2025 R.Bisht 2025:UHC:4091