Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5597 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/1139/2025
Hon'ble Rakesh Thapliyal, J.
1. Ms. Nishat Intezar, learned counsel for the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. Present applicant-Ajay Pal, S/o Madan Lal is praying for regular bail in relation to FIR dated 07.05.2025, bearing FIR No. 0145 of 2025 registered at P.S. Kiccha, District Udham Singh Nagar wherein the present applicant along with one Ombabu have been implicated for the offence punishable under Section 8/21 of the NDPS Act.
4. It is submitted by the learned counsel for the applicant that the alleged contraband, charas, which is shown to be recovered from the applicant is a non commercial quantity, i.e. 23.78 grams and there is no substantial compliance of Sections 50, 52, 55 and 57 of the NDPS Act, and is languishing in jail since
07.05.2025.
5. On the other side, Mr. Pal, learned A.G.A. for the State has not disputed this fact that the alleged contraband which is shown to be recovered from the applicant is a non commercial quantity but so far as non compliance of the mandatory provisions of the NDPS is concerned, he strongly denied the same. So far as criminal history of the applicant is concerned, Mr. Pal submits that the history of the applicant is being inquired. However, Ms. Nishat Intezar, learned counsel for the applicant submits that the applicant has no previous criminal history.
6. After hearing the arguments of the
2025:UHC:5597
learned counsel for the parties and further taking into consideration that the alleged contraband which is shown to be recovered from the applicant is a non commercial quantity and further in view of the statement as given by the learned counsel for the applicant that the applicant has no previous criminal history, this Court is of the view that the applicant deserves for bail.
7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
8. Let the applicant “Ajay” Pal be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
9. It is made clear that after being released on bail if the applicant is found to be indulged in any such activities, then the prosecution is free to move an application for cancellation of bail.
(Rakesh Thapliyal, J.)
02.07.2025 Parul
2025:UHC:5597