Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 7326 (UTT)

CHAMAN BABU v. STATE OF UTTARAKHAND

BA1/927/2025 · 2025-06-05

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4560 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. 927 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Ankush Singhal, learned counsel holding the brief of Mr. Harshpal Sekhon, learned counsel for the applicant. 2. Mrs. Meenakshi Sharma, learned Brief Holder for the State. 3. The present applicant ‘Chaman Babu’ S/o Nemchand is praying for regular bail in relation to First Information Report dated 0075 of 2025 dated 06.03.2025 P.S. Kichha, District Udham Singh Nagar, wherein, the present applicant alongwith another person namely Mohammad Shadab Ansari were implicated for the offence punishable under Section 8/21 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 125 gms, which is non commercial quantity. He further submits that there is no independent witness and furthermore there is no substantial compliance of Section 50 of the NDPS Act and the present applicant is languishing in jail since 07.03.2025 and the other co-accused Mohammad Shadab Ansari has been granted bail by this court on 19.05.2025. 5. Learned Brief Holder for the State Mrs. Meenakshi Sharma have not disputed this fact that the alleged contraband, which is shown to be recovered, is below a commercial quantity and furthermore the other co-accused has been granted bail. 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 below a commercial quantity and furthermore the other co-accused Mohammad Shadab Ansari have already been enlarged on bail, this court is of the view that the applicant deserves 2025:UHC:4560 for bail. 7. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 8. Let the applicant ‘Chaman Babu’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being released on bail if the applicant is found to be indulged in any criminal activity of the similar nature, the prosecution is directed to apprise this court and move an application for cancellation of bail. (Rakesh Thapliyal, J.) 05.06.2025 PR 2025:UHC:4560