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 JUDGES’S ORDERS
BA1 No. 939 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. R.S. Sammal and Mrs. Sarita Bisht, learned counsel for the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. The present applicant ‘Raj Singh @ Raju’ is praying for regular bail in relation to First Information Report dated 17.04.2025 bearing FIR No. 0122 of 2025, wherein, the present applicant has been implicated for the offences punishable under Sections 8/21 r/w Section 60 of NDPS Act.
4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and the alleged contraband, which is shown to be recovered from the present applicant is non- commercial one i.e. 110.23 grams of ‘smack’ and there is no any public witness of the alleged recovery and there is no substantial compliance of Sections 42, 43 and 50 of NDPS Act. He further submits that the chargesheet has been filed and there is no need of custodial interrogation of the present applicant and the applicant is languishing in jail since 17.05.2025.
5. Counter affidavit has been filed by the prosecution contending therein that the applicant has a previous case relating to NDPS Act in which the applicant is already bailed out.
6. After hearing the arguments of learned counsel for the parties and further taking into consideration that the alleged contraband, which is shown to be recovered from the present applicant is non commercial quantity and furthermore the chargesheet has already been filed and there is no need of custodial interrogation of the present applicant and in other case relating to the same nature of offence the applicant is already bailed out, 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 bail application is allowed.
8. Let the applicant ‘Raj Singh @ Raju’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 08.07.2025 PR