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2025 DAILYLAW 6174 (UTT)

MOHD SHADAB ALIAS SHADAB v. STATE OF UTTARAKHAND

BA1/775/2025 · 2025-06-12

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4857 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. 775 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the applicant. 2. Ms. Pushpa Bhatt, learned AAG, Mr. V.S. Pal, learned AGA and Ms. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant–Mohd Shadab alias Shadab S/o Mohd JIshan @ Jishan is seeking regular bail in relation to first information report dated 14.03.2025 bearing FIR No. 0077 of 2025, Police Station Gangnahar, District Haridwar, wherein the present applicant along with one Mulla has been implicated for the offence punishable under Section 8/21 of the NDPS Act. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated and the alleged contraband-smack, which was shown to be recovered from the present applicant, is 12.81 gram, which is a non- commercial quantity and there is no substantial compliance of the mandatory provision i.e. Sections 42, 43, 50 and 52 of the NDPS Act and the applicant is languishing in jail since 14.03.2025. Apart from this, he submits that the applicant is facing trial in relation to an offence, which was committed in the year 2021, with same nature of allegations, in which, he is already bailed out on 17.01.2022. 5. On the other side, Ms. Pushpa Bhatt, learned AAG, have not disputed this fact that the alleged contraband-smack, which was shown to be recovered from the present applicant, is below the commercial quantity 2025:UHC:4857 and in previous case of the year 2021, the applicant is already bailed out. She further submits that since the present applicant was also involved in the case of similar nature, therefore, some stringent conditions may be imposed on bail. 6. After hearing the arguments as advanced by learned counsel for the parties and in view of the suggestion as advanced by Ms. Pushpa Bhatt, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 8. Let the applicant, namely, Mohd. Shadab, 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. 9. It is made clear that after being released on bail the applicant shall report to the concerned nearest Police Station in every 15 days and the concerned SHO shall record his presence, failing which, the prosecution is directed to move an application for cancellation of the bail. (Rakesh Thapliyal, J.) 12.06.2025 R.Bisht 2025:UHC:4857