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2025 DAILYLAW 6257 (UTT)

MOHD HUSAIN v. STATE OF UTTARAKHAND

BA1/790/2025 · 2025-07-08

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5875 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. 790 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Mohd. Husain’ S/o Shri Mohd. Ahmad is praying for regular bail in relation to First Information Report dated 15.02.2025 bearing FIR No. 31 of 2025 P.S. Pulbhatta, District Udham Singh Nagar, wherein, the present applicant has been implicated for the offence punishable under Section 8/21 of the NDPS Act. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and the alleged contraband i.e. 201.2 gms is not recovered from the present applicant and is shown to be recovered from the other co-accused, which is a non- commercial quantity. 5. He further submits that the applicant is languishing in jail since 01.03.2025 and he himself has surrendered before the court. In paragraph 12 he has disclosed that the applicant has a criminal history but he has not been convicted in any of the case. 6. On the other side, Mr. Siddhartha Bisht, learned A.G.A. submits that the applicant is a habitual offender. Apart from this case he was earlier implicated in six criminal cases and three of them relating to the offence of robbery, dacoity and theft. He further submits that if the applicant is enlarged on bail then it cannot be ruled out that he may be indulged in future also in the criminal activities. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that earlier to the present case the applicant was implicated in five cases out of 2025:UHC:5875 which three cases relates to robbery, dacoity and theft, this court is of the view that the applicant does not deserve for bail. 8. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 08.07.2025 PR