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2025 DAILYLAW 9211 (UTT)

SHOAIB v. STATE OF UTTARAKHAND

BA1/1263/2025 · 2025-07-21

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6340 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.1263 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Anuj Singh Kunjwal, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Shoaib S/o Mohd. Ayyub is seeking regular bail in relation to first information report dated 28.06.2025, bearing FIR No. 0197 of 2025, Police Station Kiccha, District Udham Singh Nagar, wherein the present applicant has been implicated for the offences punishable under Section 8/21 read with Section 60 of the NDPS Act, 1985. 4. It is contended by learned counsel for the applicant that the alleged contraband, recovered from the present applicant, is 17.90 gram of Smack, is below the commercial quantity, and, furthermore, there is no proper substantial compliance of Section 50, 52, 55 and 57 of the NDPS Act, and, furthermore, the applicant has no previous criminal history. 5. Today, Mr. V.S. Pal, learned AGA, on written instruction, apprise to this Court 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. 6. After hearing the arguments as 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. 7. Accordingly, without expressing any opinion on the merit of the case, the present 2025:UHC:6340 bail application is allowed. 8. Let the applicant, namely, “Shoaib,” 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. 9. It is made clear that after being released on bail, the applicant shall report his presence before the nearest police station and the concerned SHO shall record his presence and if the applicant is found to be indulged in any such activity, then the prosecution is directed to take immediate steps for cancelling bail. (Rakesh Thapliyal, J.) 21.07.2025 R.Bisht 2025:UHC:6340