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2025 DAILYLAW 5792 (UTT)

NASEEMA ALIAS MAMI v. STATE OF UTTARAKHAND

BA1/728/2025 · 2025-05-20

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4195 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. 728 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Vaibhav Singh Chauhan, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. The present applicant ‘Naseema’ is languishing in jail since 11.03.2025 in relation to First Information Report dated 11.03.2025 bearing FIR No. 105 of 2025 P.S. Ranipur, District Haridwar, wherein the present applicant along with one Tasleem have been implicated for the offence punishable under Section 8/20 r/w Section 60 of NDPS Act. 4. It has been submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and the alleged contraband of ganja which is shown to be recovered from the present applicant is 4.498 kgs, which is below a commercial quantity. 5. Apart from this, he submits that there is no proper compliance of mandatory provision of NDPS Act and the present applicant is a female and as such she is entitled to get privilege of proviso to Section 480 of BNSS, 2023. 6. On the other side, learned State counsel have not disputed this fact that the charge sheet has been filed and as such there is no need of custodial interrogation of the present applicant and the alleged contraband, which is shown to be recovered from the applicant, is a non commercial quantity and furthermore the applicant is entitled to get benefit of proviso to Section 480 of BNSS, 2023. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that the present applicant is a female and have no previous criminal history and the charge sheet has been filed therefore, this court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any 2025:UHC:4195 opinion on the merit of the case, the bail application is allowed. 9. Let the applicant ‘Naseema’ be enlarged on bail on furnishing her personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 10. It is made clear that the grant of bail to the present applicant will not be treated as precedent in respect of other co accused. (Rakesh Thapliyal, J.) 20.05.2025 PR 2025:UHC:4195