2025:UHC:6414 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. 1169 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Rizwan Miyan S/o Rashid Miyan, is seeking default bail in relation to first information report dated 19.12.2024 bearing FIR No.0433 of 2024, Police Station Haldwani, District Nainital, wherein the present applicant along with three others, namely, Ashfak Ali, Rashid Ali and Firoz Ali have been implicated for the offences punishable under Section 8/22 read with Section 60 of the NDPS Act. 4. It is argued by learned counsel for the applicant that that the present applicant and all the other three co-accused persons were taken on remand on 20.12.2024, therefore, the charge-sheet has to be filed by 16.06.2025, but in this particular case, the charge-sheet was filed beyond the stipulated period of 180 days i.e. on 18.06.2025 and on this account alone, one of the co-accused, namely, Rashid Ali was granted default bail by the trial Court on 19.06.2025. 5. Learned counsel for the applicnat further submits that the first bail application of the present applicant was rejected by the trial Court on 29.03.2025, however, by the instant bail application, the applicant is praying for default bail on the ground that prosecution failed to file the charge-sheet within the stipulated period of 180 days i.e. by 16.06.2025 2025:UHC:6414 since the charge-sheet was filed on 18.06.2025. He submits that since the other co-accused, namely, Rashid Ali was granted default bail therefore the applicant cannot be treated differently and also deserves for default bail. He also pointed out that the two other co-accused, namely, Asfak Ali and Firoj Ali, from whose possession the alleged prohibited drugs was shown to be recovered, which was a non-commercial quantity, were also enlarged on bail by this Court. 6. Apart from this, he submits that the applicant has criminal antecedents of three criminal cases relating to the NDPS Act, therefore, taking into consideration his past conduct, some stringent conditions may be imposed like that he will put his appearance before the nearest police Station on the first day of every week. 7. Mr. V.S. Pal, learned AGA for the State have not disputed this fact that the charge-sheet could not be filed within the stipulated period and no such application was moved before the trial Court for seeking extension of time for filing the charge-sheet and in fact the charge-sheet was filed on 18.06.2025. He has also not disputed that the another co-accused- Rashid Ali was granted default bail by the trial Court on this account alone. 8. So far as the past history of the present applicant is concerned, he submits that some stringent conditions may be imposed upon the present applicant as suggested by Mr. Saurabh Pandey, learned counsel for the applicant. 9. After hearing the arguments as 2025:UHC:6414 advanced by learned counsel for the parties and further taking into consideration that undisputedly the charge-sheet was not filed within the stipulated period i.e. by 16.06.2025 and the same was filed on 18.06.2025, therefore the applicant deserves for default bail, particularly, when the other co- accused, namely, Rashid Ali was granted default bail by the trial Court. 10. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 11. Let the applicant, namely, Rizwan Miyan, 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. 12. It is made clear that after being released on bail, the present applicant shall report his presence to the concerned nearest police station on the first day of every week and the concerned SHO shall record his presence, failing which, the concerned Prosecution Officer is free to move an application either before this Court or before the trial Court for cancellation of bail. It is further made clear that after being released on bail the applicant shall join the trial Court proceeding on each and every date without seeking any unnecessary adjournment. (Rakesh Thapliyal, J.) 22.07.2025 R.Bisht 2025:UHC:6414