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2025 DAILYLAW 9197 (UTT)

DHIRENDRA TIWARI v. STATE OF UTTARAKHAND

BA1/1257/2025 · 2025-07-21

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6341 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.1257 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Bhupendra Singh Bhandari, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Dhirendra Tiwari S/o Shri Bhuwan Chandra Tiwari is seeking regular bail in relation to first information report dated 10.07.2025, bearing FIR No. 0212 of 2025, Police Station Raipur, District Dehradun, wherein the present applicant has been implicated for the offence punishable under Section 8/21, 29 read with Section 60 of the NDPS Act, 1985. 4. It is contended by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated and the alleged contraband shown to be recovered from the present applicant, is 102.52 gram of Smack, is below the commercial quantity, and, furthermore, there is no proper substantial compliance of Section 42(2) of the NDPS Act read with Section 50 of the NDPS Act. 5. It is also contended by learned counsel for the applicant that this is a case of chance recovery, but no videography and photography was done, and, furthermore, the applicant has no previous criminal history. 6. On the previous date, the State was directed to get the instruction. Today, Mr. V.S. Pal, learned AGA, on written instruction, apprise to this Court that the contraband, which is shown to be recovered from the present applicant, is below commercial quantity and the applicant has no previous criminal history. 7. After hearing the arguments as 2025:UHC:6341 advanced by learned counsel for the parties and further taking into consideration that the alleged contraband, which is shown to be recovered from the present applicant, is below commercial quantity and the applicant has no previous criminal history, 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 present bail application is allowed. 9. Let the applicant, namely, “Dhirendra Tiwari,” 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. (Rakesh Thapliyal, J.) 21.07.2025 R.Bisht 2025:UHC:6341