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2025 DAILYLAW 9634 (UTT)

RAJ SINGH ALIAS RAJU v. STATE OF UTTARAKHAND

BA1/1364/2025 · 2025-08-08

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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.1364 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Geeta Bora, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned AGA for the State. 3. Present applicant–Raj Singh alias Raju S/o Bachan Singh is seeking regular bail in relation to first information report dated 16.04.2025 bearing FIR No.0099 of 2025, Police Station Sitarganj, District Udham Singh Nagar, which was lodged for the offence punishable under Section 8/21 read with Section 29 of the NDPS Act, 1985 against one Abhishek. 4. It is contended by learned counsel for the applicant that the present applicant is innocent and has been falsely implicated, and, furthermore, the alleged contraband (Smack), which is shown to be recovered from the other co-accused, namely Abhishek, is 92 grams, which is a non-commercial quantity and there is no recovery from the present applicant, and, furthermore, she submits that the present applicant is having one criminal case arising out of FIR No.122 of 2025 with the same nature of offence, in which the applicant is already bailed out. 5. Learned counsel for the applicant also submits that the other co-accused from whose possession the contraband was recovered is already bailed out by the trial Court. 6. Mr. Pankaj Joshi, learned AGA for the State has not disputed this fact that there is no recovery from the present applicant since the present applicant is made an accused for the offence punishable under Section 29 of the NDPS Act. 7. He also apprise to this Court that the other-co accused, who is named in the FIR, is already bailed out. 8. After hearing the arguments as advanced by learned counsel for the applicant and further taking into consideration that the present applicant is only made an accused of Section 29 of the NDPS Act and the recovery is from the co-accused, who has already been granted bail by the trial Court, this Court is of the view that the applicant deserve for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed. 10. Let the applicant, namely, Raj Singh alias Raju S/o Bachan Singh, 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.) 08.08.2025 R.Bisht