Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5862 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. 1158 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Arjun Arora, learned counsel holding the brief of Mr. Abhishek Verma, learned counsel for the applicants.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. Both the applicants ‘Sanjay Kumar’ and ‘Sushil Kumar’ are praying for regular bail in relation to First Information Report dated 06.06.2025 bearing FIR No. 168 of 2025 for the offences punishable under Section 8/20 r/w Section 60 of the NDPS Act.
4.
Learned counsel for the applicants submits that both the applicants are innocent and have been falsely implicated and the alleged contraband ganja, which is shown to be recovered from the applicants is below a commercial quantity i.e. 11.064 kg and it was a joint recovery. He further submits that there is no substantial compliance of Section 42 of NDPS Act and furthermore there is no independent witness. He further submits that both the applicants have no previous criminal history.
5. 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 joint possession of the applicants are below commercial quantity and furthermore the applicants have no previous criminal history.
6. 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 joint possession of the applicants, is non-commercial quantity and both the applicants have no previous criminal history, this court is of the view that the applicants deserves for bail.
7. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.
8. Let the applicant ‘Sanjay Kumar’ and Sushil
2025:UHC:5862 Kumar’ be released on bail on furnishing their personal bond and two sureties by each of them of the like amount to the satisfaction of the court concerned.
9. It is made clear that after being released on bail if both of them found to be indulged in any such criminal activity the prosecution is directed to move an application for cancellation of bail.
(Rakesh Thapliyal, J.) 08.07.2025 PR
2025:UHC:5862