Extracted from the PDF above. The PDF is authoritative.
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. 747 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Gaurav Singh, learned counsel for the applicant.
2. Ms. Meenakshi Sharma, learned Brief Holder for the State.
3. Present applicant–Pooja W/o Shri Deepak Kumar, is seeking bail in relation to first information report dated 03.04.2025 bearing FIR No. 0201 of 2025, Police Station Kotwali Nagar, District Haridwar, wherein the present applicant has been implicated for the offence punishable under Section 8/20 of the NDPS Act, 1985.
4.
Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated, and, furthermore, the alleged contraband, which is shown to be recovered from the present applicant, is 4.00 kg of gaanja, which is much below the commercial quantity. Apart from this, it has also been disclosed that the applicant has criminal history of two cases of similar nature i.e. Case Crime No.271 of 2023 and Case Crime No.897 of 2024, wherein, she has been granted bail.
5.
Learned counsel for the applicant also submits that the applicant is a HIV positive, therefore she requires treatment and it is very unsafe to detain her in jail.
6. On the other side, learned State counsel has not disputed this fact that the alleged contraband, which is shown to be recovered from the present applicant, is much below the commercial quantity, and, furthermore, in the other two cases
of similar nature, the applicant is also 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 other two criminal cases, the applicant is also 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, Pooja, be released on bail, on her 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 if the applicant is found to be indulged in any similar activities in future, the prosecution is free to move an application for bail cancellation. (Rakesh Thapliyal, J.) 21.05.2025 R.Bisht