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.1373 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Saurav Adhikari, learned counsel for the applicant.
2. Mr. Pankaj Joshi, learned AGA for the State.
3. Present applicant–Prakash Chandra Joshi S/o Devi Dutt Joshi is seeking regular bail in relation to a first information report dated 22.05.2025 bearing FIR No.0124 of 2025, Police Station Mukhani, District Nainital, wherein the present applicant has been implicated for the offence punishable under Section 8/20 of the NDPS Act, 1985.
4. It is contended by learned counsel for the applicant that the alleged contraband (Charas), which is shown to be recovered from the present applicant, is 791 grams of
“Charas”, which is a non-commercial quantity, and, furthermore, there is no proper substantial compliance of Section 42 and 52 of the NDPS Act.
5. It is also contended by learned counsel for the applicant that the present applicant is languishing in jail since 22.05.2025 and now the charge-sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant.
6.
Learned counsel for the applicant also submits that the present applicant is having no previous criminal history.
7. On the other side, Mr. Pankaj Joshi, learned AGA for the State has not disputed this fact that that charge-sheet has already been filed and as such, there is no need of custodial interrogation of the present applicant, and, furthermore, the alleged contraband, which is shown to be recovered from the present applicant, is a non-
commercial quantity and the applicant is having no previous criminal history.
8. 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 a non-commercial quantity and the applicant is having no previous criminal history, 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, Prakash Chandra Joshi, 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