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2025 DAILYLAW 7012 (UTT)

RIYASAT HUSSAIN URF ANDUWA v. STATE OF UTTARAKHAND

BA1/899/2025 · 2025-07-14

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6058 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/899/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Saurabh Pandey, learned counsel for the applicant. 2. Mr. Siddharth Bisth, learned A.G.A. and Ms. Meenakshi Sharma, learned Brief Holder for the State. 3. Present applicant Riyasat Hussain @ Anduwa is praying for regular bail in relation to FIR dated 07.04.2025, bearing FIR No. 0070 of 2025 registered at P.S. Banbhoolpura, District Nainital wherein the present applicant along with one Mukim have been implicated for the offences punishable under Sections 8/22 read with Section 29 of the NDPS Act. 4. It is submitted by the learned counsel for the applicant that applicant is innocent and has been falsely implicated and the alleged prohibited contraband drug (injections) which has been shown to be recovered from the applicant are false and planted one. He further submits that applicant is languishing in jail since 26.04.2025, and furthermore, there is no substantial compliance of Sections 50, 52, 55 and 58 of the NDPS Act. He further submits that not only this, even there is no compliance of Section 100 (4) of Cr.P.C. Apart from this, he submits that there is no FSL report and the applicant is suffering from HIV disease. He further submits that there is no recovery from the applicant and the applicant is an accused of Section 29 of the NDPS Act. 5. Counter affidavit has been filed by the prosecution wherein it has been denied that there is no substantial compliance of mandatory provisions of 2025:UHC:6058 the NDPS Act. Mr. Bisht, learned A.G.A. also submits that that applicant is a habitual offender and has a previous history of more than 8 cases of the same nature, therefore enlarging the applicant on bail is not in the interest of society. 6. After hearing the learned counsel for the parties and further taking into consideration that the applicant is a habitual offender having long criminal history and most of the cases pertain to the NDPS Act, this Court is of the view that the applicant does not deserve for bail. 7. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 14.07.2025 Parul 2025:UHC:6058