Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6647 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. 1329 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mrs. Radha Arya, learned counsel for the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. The present applicant ‘Boby Sharma’ S/o Suraj Sharma is praying for bail in relation to First Information Report dated 23.06.2025 bearing FIR No. 666 of 2025 P.S. Laksar, District Haridwar, wherein, the present applicant has been implicated for the offence punishable under Section 8/22 of NDPS Act.
4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and the alleged prohibited drugs and injections, which has shown to be recovered from the present applicant, are below a commercial quantity and for such recovery there is no proper compliance of Sections 42, 50, 52A and 57 of the NDPS Act. She also argued that at the time of arrest no ground of arrest was provided.
5. Apart from this, it is also contended that the applicant has a previous criminal history of one case arising out of Case Crime No. 265 of 2020 for the offences punishable under Sections 304, 201 and 324 of IPC in which the applicant is already bailed out.
6. Apart from this, she submits that the applicant’s wife is pregnant and the expected date of delivery is 29.09.2025.
7. On the other side, Mr. V.S. Pal, learned A.G.A. have not disputed this fact that in the previous case the applicant is already bailed out and also have not disputed that the alleged prohibited injections and drugs are below a commercial quantity; however, he submits that the investigation is still going on.
8. After hearing the arguments of learned counsel for the parties and further taking into
consideration that the alleged prohibited drugs
2025:UHC:6647 injections shown to be recovered from the present applicant is below a commercial quantity and furthermore in the previous case the applicant is already bailed out and taking into consideration that the applicant’s wife is pregnant and the tentative date of delivery is 29.09.2025, this court is of the view that the applicant deserves for bail.
9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.
10. Let the applicant ‘Boby Sharma’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
11. It is made clear that after being released on bail the applicant shall cooperate with the part pending investigation and shall report to the nearest police station on the first date of every month and concerned SHO shall record his presence, failing which the concerned court shall proceed against the present applicant for cancelling the bail.
(Rakesh Thapliyal, J.) 30.07.2025 PR
2025:UHC:6647