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. 985 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Vikas Pande, learned counsel for the applicant.
2. Mr. Siddhartha Bisht, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State.
3. The present applicant ‘Nishant Bora’ S/o Manoj Bora is praying for regular bail in relation to First Information Report dated 28.05.2025 bearing FIR No. 71 of 2025 for the offences punishable under Section 8/21 r/w Section 60 of NDPS Act P.S. Kotwali Pithoragarh, District Pithoragarh, wherein, the present applicant has been implicated along with one another accused person namely Sandeep Joshi for the offences 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 1.07 gms of smack, which is much below the commercial quantity.
5. Apart from this, he submits that there is no substantial compliance of Section 50 of the NDPS Act and the applicant is student and has no previous criminal history. He further submits that even from the other co-accused person the recovery as shown is also non-commercial quantity.
6. Learned State counsel have not disputed this fact that the alleged contraband, which is shown to be recovered from the applicant, is below a commercial quantity and furthermore the applicant has no previous criminal history.
7. 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 the applicant is the student
and has no previous criminal history, 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 bail application is allowed.
9. Let the applicant ‘Nishant Bora’ 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.) 16.06.2025 PR