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2025 DAILYLAW 7563 (UTT)

YUNUS AHMED v. STATE OF UTTARAKHAND

BA1/991/2025 · 2025-06-12

Ashish Naithani

body2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:4887 BA1 No.991 of 2025 Hon’ble Ashish Naithani, J. Mr. Harshit Sanwal, learned counsel for the Applicant. 2. Mr. Bhaskar Chandra Joshi, learned AGA assisted by Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present bail application has been moved on behalf of the Applicant. The Applicant is in judicial custody in connection with FIR No.40 of 2024 for the offence punishable under Sections 27-A and Section 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the N.D.P.S. Act) registered at Police Station Purola, District Uttarkashi. 4. Heard Mr. Harshit Sanwal, learned counsel for the Applicant and Mr. Bhaskar Chandra Joshi, learned AGA for the State of Uttarakhand. 5. As per the story narrated in the FIR on 28.11.2024 three persons were allegedly found in possession of 2 killogram and 16 gram charas while driving a Mahindra Bolero vehicle bearing registration no.UK07TB 3305 near Mori Road, District Uttarkashi. A police team intercepted the vehicle and allegedly recovered contraband from a bag inside the vehicle and all the three persons were arrested on the spot. 6. Learned counsel for the Applicant submits that the Applicant was not named in the FIR; he was implicated later by the other accused persons named in the FIR, who were apprehended with the contraband charas and they have already been enlarged on bail by this Court vide orders dated 28.03.2025, 24.04.2025 and 08.05.2025 respectively. Learned counsel for the Applicant submits that there is no independent witness of the alleged recovery. Learned counsel for the Applicant further submits that since co-accused have already been granted bail in relation to FIR No.40 of 2024, thus on the ground of parity Applicant is also entitled to be enlarged on bail. 7. Learned State Counsel opposed the bail and submits that Applicant’s role is different than the co-accused persons. 8. After hearing the learned counsel for the parties, on perusal of the record and without going into the merits of the case, this Court is of the opinion the Applicant be released on bail. 9. Accordingly, the bail application is allowed. Let the Applicant-Yunus Ahmed be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of court concerned. 10. It is directed that Applicant shall cooperate with the investigation and shall not directly or indirectly make any inducement, thereat, or promise to any person acquainted with the facts of the case. (Ashish Naithani, J.) 12.06.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.06.18 17:28:43 +05'30'