Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 8176 (UTT)

RAHUL SHARMA v. STATE OF UTTARAKHAND

BA1/1104/2025 · 2025-07-08

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5865 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. 1104 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Karan Singh Dugtal, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. The present applicant ‘Rahul Sharma’ is praying for regular bail in relation to First Information Report dated 16.05.2025 bearing FIR No. 0227 of 2025 P.S. Rudrapur, District Udham Singh Nagar, wherein, the present applicant along with one Rajkumar were implicated for the offences punishable under Sections 8/21 r/w Section 60 of NDPS Act. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and the alleged contraband charas, which is shown to be recovered from the present applicant is non-commercial quantity i.e. 30.80 gms. 5. Apart from this, learned counsel for the applicant submits that there is no substantial compliance of Section 50 of the NDPS Act. Apart from this, learned counsel for the applicant submits that the applicant has no previous criminal history and is languishing in jail since 16.05.2025. 6. On the other side, Mr. V.S. Pal, learned A.G.A. have not disputed this fact that the alleged contraband, which is shown to be recovered from the present applicant, is non commercial quantity and 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 has no previous criminal history, this court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any 2025:UHC:5865 opinion on the merit of the case the bail application is allowed. 9. Let the applicant ‘Rahul Sharma’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 10. It is made clear that after being released on bail if the applicant is found to be indulged in any such criminal activity in future, the prosecution is directed to apprise this court. (Rakesh Thapliyal, J.) 08.07.2025 PR 2025:UHC:5865