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 JUDGES’S ORDERS
BA1 No. 1137 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Prasanna Karnatak, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned A.G.A. for the State.
3. The present applicant ‘Dayal Singh @ Dheera’ S/o Kunwar Singh is praying for bail in relation to First Information Report dated 16.03.2025 bearing FIR No. 82 of 2025 P.S. Kiccha, District Udham Singh Nagar, wherein, the present applicant has been implicated for the offence punishable under Section 8/22 r/w Section 60 of the NDPS Act.
4. It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and the alleged prohibited injections, which were shown to be recovered from the present applicant is of a below commercial quantity and furthermore the applicant has no previous criminal history and is also diagnosed with HIV positive on
04.06.2025. He also submits that the present applicant is languishing in jail since 16.03.2025.
5. Apart from this he submits that there is no proper substantial compliance of Section 50 of the NDPS Act.
6. On the other side, learned State counsel have not disputed this fact that the applicant is diagnosed with HIV positive on 04.06.2025 and is languishing in jail since 16.03.2025. Furthermore, the alleged prohibited drugs namely Buprenorphine Injections and Pheniramine Maleata Injections is below a commercial quantity.
7. After hearing the arguments of learned counsel for the parties and further taking into consideration that the alleged prohibited drugs is a non commercial quantity and furthermore the applicant is HIV positive, 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 bail application is allowed.
9. Let the applicant ‘Dayal Singh @ Dheera’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 23.07.2025 PR