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2025 DAILYLAW 7359 (UTT)

FARMAN ALI v. STATE OF UTTARAKHAND

BA1/947/2025 · 2025-07-10

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:5977 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.947 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Sunny Kumar, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant– Farman Ali S/o Sageer Ahmad is seeking regular bail in relation to first information report dated 03.04.2025, bearing FIR No.0106 of 2025, Police Station Kiccha, District Udham Singh Nagar, wherein the present applicant has been implicated for the offences punishable under Sections 8/21 of the NDPS, 1985 Act. 4. It is contended by learned counsel for the applicant 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 51.30 grams of Smack (Heroin), is a non-commercial quantity. 5. Learned counsel for the applicant further submits that the applicant has no previous criminal history and is languishing in jail since 03.04.2025. 6. On the other side, Mr. V.S. Pal, learned AGA for the State has not disputed this fact that the alleged contraband, which is shown to be recovered from the present applicant, is a non-commercial quantity and he has no previous criminal history and is languishing in jail since 03.04.2025. Apart from this, he submits that the charge-sheet has already been filed and as such, there is no need of custodial interrogation of the present applicant. 7. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the 2025:UHC:5977 alleged contraband, which was shown to be recovered from the present applicant, is a non-commercial quantity and the applicant has no previous criminal history, and, furthermore, the charge-sheet has already been filed and as such there is no need of custodial interrogation of the present applicant, therefore, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 9. Let the applicant, namely, Farman Ali, 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. 10. It is made clear that after being released on bail, the applicant shall join the trial court proceeding on each and every date and will not seek any unnecessary adjournment and if the applicant is found to be indulged in any such activity, then the trial Court is directed to take immediate steps for cancelling the bail. (Rakesh Thapliyal, J.) 10.07.2025 R.Bisht 2025:UHC:5977