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2025 DAILYLAW 6629 (UTT)

BHAGWAN DAS v. STATE OF UTTARAKHAND

BA1/837/2025 · 2025-05-21

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4231 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. 837 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Avidit Noliyal, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant–Bhagwan Das S/o Shri Gangadass, is seeking bail in relation to first information report dated 17.04.2025 bearing FIR No. 0171 of 2025, Police Station Kotwali, Jwalapur, District Haridwar, wherein the present applicant along with one Keerti Singh have 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 750 gram of charas, which is much below the commercial quantity. Apart from this, he submits that the applicant has no previous criminal history and he is languishing in jail since 17.04.2025. 5. 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, the applicant has no previous criminal history. 6. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the alleged contraband, 2025:UHC:4231 which is shown to be recovered from the present applicant, is much below the commercial quantity, and, furthermore, the applicant has no previous criminal history, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 8. Let the applicant, namely, Bhagwan Das, 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. (Rakesh Thapliyal, J.) 21.05.2025 R.Bisht 2025:UHC:4231