Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5006 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. 1047 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Gaurav Singh, learned counsel for the applicant.
2. Mr. Siddhartha Bisht, learned AGA for the State.
3. Present applicant–Nauman alias Bhura S/o Shri Furkan is seeking regular bail in relation to first information report dated 24.03.2025 bearing FIR No. 0099 of 2025, Police Station Bhagwanpur, District Haridwar, wherein the present applicant along with one Babar have been implicated for the offence punishable under Section 8, 21, 29 and 60 of the NDPS Act.
4.
Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated, which is evident from the fact that the alleged contraband, which was shown to be recovered from the present applicant, is 40 gram of Smack, which is a non-commercial quantity, and, furthermore, it was recovered from the possession of the other co-accused Babar and there is no recovery from the present applicant.
5.
Learned counsel for the applicant further submits that even otherwise, there is no substantial compliance of Section 50 of the NDPS Act and the other co-accused, Babur, from whose possession the contraband article was recovered, has already been enlarged on bail. He also submits that the present applicant has no previous criminal history and he is languishing in jail since 03.06.2025.
6. On the other side, Mr. Siddhartha
2025:UHC:5006 Bisht, learned AGA, has not disputed this fact that there is no recovery from the possession of the present applicant, and whatever be the recovery is made i.e. from the possession of the co-accused Babar, and, furthermore, the applicant has no previous criminal history.
7. After hearing the
arguments as advanced by learned counsel for the parties and further taking into consideration that there is no recovery from the possession of the present applicant, and, furthermore, the applicant has no previous criminal history and the other-co accused from whose possession the contraband was recovered, has already been granted bail by this Court, 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, Nauman alias Bhura, 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.) 17.06.2025 R.Bisht
2025:UHC:5006