2025:UHC:6676 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.765 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Abhishek Verma, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Sukhvinder Singh alias Sukkha S/o Jaspal Singh is seeking regular bail in relation to first information report dated 24.03.2025 bearing FIR No.0085 of 2025, Police Station Sitarganj, District Udham Singh Nagar, wherein the present applicant has been implicated for the offences punishable under Sections 8/21 read with Section 60 of the NDPS Act and Section 109(1) of BNS, 2023 and 3/25 of the Arms Act, 1959 4. It is argued by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated in the present case and the alleged recovery, which is shown to be recovered from the present applicant, is much below the commercial quantity i.e. 20.49 gram of Smack. Apart from this, he submits that there is no proper substantial compliance of Section 42 and 50 of the NDPS Act and in respect of the remaining offences, learned counsel for the applicant submits that there is no ballistic report and the charge-sheet has already been filed. He submits that the present applicant is having criminal history of five cases and in all of these cases, the applicant has already been enlarged on bail. 5. He also submits that in the present case, the applicant is languishing in jail since 24.03.2025. 6. Mr. Siddhartha Bisht, learned AGA for 2025:UHC:6676 the State argued that the present applicant is a habitual offender and indulged in criminal activities since 2019 and there are also three other cases related to the NDPS Act and taking into consideration that the applicant is a habitual offender and in Sitarganj and Nanakmatta, several cases are against him, therefore, the applicant does not deserve for bail. Apart from this, learned State counsel has not disputed this fact that the alleged contraband, which is shown to be recovered from the present applicant, is below commercial quantity and the charge-sheet has already been filed. 7. Mr. Siddhartha Bisht, learned AGA also submits that if the applicant is enlarged on bail some stringent condition may be imposed keeping in view that the present applicant is a habitual offender. 9. After hearing the arguments of 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 non-commercial quantity and in the previous cases, the applicant has also been enlarged on bail and in the present one, the charge-sheet has been filed and the applicant is languishing in jail since 24.03.2025, this Court is of the view that the applicant deserves for bail, but simultaneously this Court is also of the view that some stringent conditions should be imposed upon the applicant so that in future the applicant may not indulge in such criminal activities. 10. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 11. Let the applicant, namely, Sukhvinder Singh @ Sukkha, 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 2025:UHC:6676 concerned. 12. It is made clear that after being released on bail, the applicant shall join the trial court proceeding on each and every date without seeking any unnecessary adjournment and will not indulge in any criminal activity in future and the applicant shall appear on every Monday of every week to the nearest police station and will remain there from 10 AM to 12 PM and the concerned SHO shall record his presence on every Monday, failing which, the concerned SHO is directed to forthwith communicate to the trial Court to proceed against the present applicant for cancelling his bail. 13. Apart from this, if the applicant is found to be indulged in any criminal activity in future, it is the duty of the concerned SHO to apprise to the concerned trial Court. (Rakesh Thapliyal, J.) 30.07.2025 R.Bisht 2025:UHC:6676