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2025 DAILYLAW 6382 (UTT)

MANGAT SINGH v. STATE OF UTTARAKHAND

BA1/809/2025 · 2025-06-13

Rakesh Thapliyal

body2025

Judgment text

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. 809 of 2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. D.K. Sharma, learned Senior Advocate assisted by Mr. Maneesh Bisht, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned A.G.A. for the State. 3. Present applicant Mangat Singh, S/o Bhagwan Singh is praying for regular bail in relation to FIR dated 18.03.2025 registered as FIR/Case Crime No. 29 of 2025 at P.S. Banbasa District Champawat wherein the present applicant has been implicated for the offences punishable under Sections 25(1)(b)(a) of the Arms Act read with Section 109 of BNS 2023 and under Sections 8/22/29/60 of the NDPS Act. 4. It is submitted by the learned counsel for the applicant that the alleged contraband which is shown to be recovered from the present applicant is 190.2 gram smack which is below the commercial quantity, and the other penal provisions in which the present applicant has been implicated is completely false and, in fact, this alleged incident was happened in the presence of six police officials, and, subsequently seven more police officials were came at the spot and on the fire of the police officials the applicant sustained injuries. He further submits that even at the time of search and seizure there is no substantial compliance of Section 50 of the NDPS Act and in the previous case which has been shown under the Arms Act, the applicant has already bailed out. He further submits that there is no any earlier case relating to the NDPS Act against the applicant. 5. On the other side, Mr. Pankaj Joshi, learned A.G.A. opposed the bail application by submitting that the applicant has a criminal history of one case, however, he has not disputed this fact that the recovery of the alleged contraband of smack from the applicant is below the commercial quantity and have also not disputed that in the earlier case of the Arms Act the applicant is already bailed out. He further submits that the charge sheet has yet not been filed and the investigation is going on and the sample of alleged contraband is also sent to FSL. 6. After hearing the arguments of the learned counsel for the parties and further taking into consideration that the alleged contraband which is shown to be recovered is below the commercial quantity, and, furthermore, in this incident no police official were injured rather the applicant sustained injury in this, therefore, this Court is of the view that the applicant deserves for bail subject to some stringent conditions. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant Mangat Singh be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being released on bail the applicant shall cooperate with the investigation failing which the prosecution is free to move bail cancellation application. (Rakesh Thapliyal, J.) 13.06.2025 Parul