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2025 DAILYLAW 8782 (UTT)

RAJKUMAR v. STATE OF UTTARAKHAND

BA1/1192/2025 · 2025-07-14

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6050 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. 1192 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mohit Kumar Kashyap, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned A.G.A. with Mrs. Meenakshi Sharma, learned Brief Holder for the State. 3. As prayed for amendment application is allowed. 4. The present applicant ‘Rajkumar’ S/o Shri Ramautar is praying for 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 Rahul Sharma have been implicated for the offences punishable under Section 8/21 r/w Section 60 of the NDPS Act. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and the alleged contraband Smack which is shown to be recovered from the present applicant is non-commercial quantity i.e. 27.67 grams. He further submits that the applicant has no previous criminal history. He also pointed out that the other co-accused Rahul Sharma have already been enlarged on bail from whose possession the contraband, which was shown to be recovered, was also a non-commercial quantity. 6. Mr. Siddhartha Bisht, learned A.G.A. and Mrs. Meenakshi Sharma, learned Brief Holder for the State have not disputed this fact that the alleged contraband, which is shown to be recovered from the present applicant is below a commercial quantity and furthermore the applicant has no previous criminal history and the other co-accused Rahul Sharma is already enlarged on bail. 7. After hearing the arguments of the learned counsel for the parties and further taking into consideration that the alleged contraband, which is shown to be recovered is non-commercial 2025:UHC:6050 quantity and the applicant has no previous criminal history and also the other co-accused have already been enlarged on bail, 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 ‘Rajkumar’ 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 move an application for cancellation of bail. . (Rakesh Thapliyal, J.) 14.07.2025 PR 2025:UHC:6050