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2025 DAILYLAW 7762 (UTT)

ADITYA ALIAS SAGAR v. STATE OF UTTARAKHAND

BA1/1040/2025 · 2025-07-31

Rakesh Thapliyal

body2025

Judgment text

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 JUDGE’S ORDERS BA1 No.1040 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Bharat Chaudhary, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant-Aditya alias Sagar S/o Rajesh is seeking bail in relation to First Information Report dated 24.04.2025 bearing FIR No.0037 of 2025, Police Station Muni Ki Reti, District Tehri Garhwal, wherein the present applicant along with one Sunil Rana and Amresh have been implicated for the offences punishable under Sections 8/20 of the NDPS Act. 4. Learned counsel for the applicant submits that the total recovery of the contraband, which is shown to be recovered, is 946 grams of Charas below commercial quantity, however, the recovery from the present applicant is only 304 grams of Charas, which is also below commercial quantity. 5. Learned counsel for the applicant also submits that there is no proper substantial compliance of mandatory provision of Section 42 and 50 of the NDPS Act and there is no independent witness. 6. Apart from this, he submits that the present applicant has no previous criminal history and is languishing in jail since 23.04.2025 and he submits that the other two co-accused, namely, Sunil Rana and ‘Amresh’ were already enlarged on bail by this Court vide orders dated 30.06.2025 and 01.07.2025 in two separate bail applications i.e. BA1 No.1110 of 2025 and BA1 No.1125of 2025. 7. On the other side, Mr. Himanshu Sain, learned Brief Holder for the State have not disputed this fact that the contraband which is shown to be recovered from the possession of the present applicant is below commercial quantity and the applicant has no previous criminal history and also admits that the two other co-accused have already been enlarged on bail by this Court. 8. After hearing the arguments as advanced by 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 commercial quantity and the applicant has no previous criminal history, this Court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 10. Let the applicant, namely, Aditya alias Sagar, 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. (Rakesh Thapliyal, J.) 31.07.2025 R.Bisht