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2025:UHC:6387 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. 973 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Gaurav Singh, learned counsel for the applicant.
2. Ms. Pushpa Bhatt, learned AAG along with Mr. Sandeep Sharma, learned AGA for the State.
3. Present applicant–Aqil S/o Maqsood, is seeking bail in relation to first information report dated 27.04.2025 bearing FIR No. 0459 of 2025, Police Station Laksar, District Haridwar, wherein the present applicant along with one Aklakh have been implicated for the offences punishable under Section 8/21 of the NDPS Act, 1985.
4. It is submitted by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated and the alleged contraband, which is shown to be recovered from the present applicant, is below commercial quantity i.e. 79.36 gram of Smack. Apart from this, he submits that there is no proper substantial compliance of Sections 40, 43 and 50 of the NDPS Act, and as such, the alleged recovery, as shown, is planted one.
5.
Learned counsel for the applicant further argued that there are two more cases against the present applicant related to the NDPS Act, in which he is already bailed out and except these two cases, he has no previous criminal history and now the applicant is languishing in jail since 27.04.2025, therefore, he may be enlarged on bail.
6. On the other side, Ms. Pushpa Bhatt,
2025:UHC:6387 learned AAG for the State vehemently opposed the bail application and on the basis of the written instruction submits that the applicant is a history-sheeter and in seven criminal cases, he has been implicated, out of which, five cases related to the NDPS Act. She also submits that a false statement has been given by the deponent on his affidavit that in only two cases, the applicant has been implicated since as many as, there are seven criminal cases against the present applicant. The details of these criminal cases are as follows:- i. Case Crime No.241 of 2017 for the offence punishable under Section 25 of the Arms Act. ii. Case Crime No.27 of 2015 for the offence punishable under Section 307, 452 and 504 IPC. iii. Case Crime No.538 of 2020 for the offences punishable under Section 8/21 of the NDPS Act read with Section 25 of the Arms Act. iv. Case Crime No.684 of 2021 for the offences punishable under Section 8/21 of the NDPS Act. v. Case Crime No. 961 of 2021 for the offences punishable under Section 8/21 of the NDPS Act. vi. Case Crime No.723 of 2020 for the offences punishable under Section 8/21 of the NDPS Act. vii. Case Crime No.829 of 2021 for the offences punishable under Section 8/21/29 of the NDPS Act.
7. After taking into consideration the long history of the present applicant, and, the false statement as given by the deponent in his affidavit about criminal antecedents of the applicant, this Court is of the view that the applicant does not deserve for bail.
8. Accordingly, the bail application is rejected.
(Rakesh Thapliyal, J.) 22.07.2025 R.Bisht
2025:UHC:6387