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2025 DAILYLAW 9758 (UTT)

HARNAM v. STATE OF UTTARAKHAND

BA1/1382/2025 · 2025-08-13

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:7167 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.1382 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Ajeet Kumar Yadav and Mr. Mohkam Singh, learned counsel for the applicant. 2. Ms. Pushpa Bhatt, learned AAG for the State . 3. Present applicant– Harnam S/o Khaan Sahay is seeking regular bail in relation to first information report dated 12.07.2025 bearing FIR No. 0101 of 2025, Police Station Pulbhatta, District Udham Singh Nagar, wherein the present applicant along with one Vires Kumar have been implicated for the offence punishable under Section 8/21 read with Section 60 of the NDPS Act. 4. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated and the alleged contraband, which is shown to be recovered from the present applicant, is 40.35 grams of Smack, which is below commercial quantity, and, furthermore, there is no proper substantial compliance of Sections 42 and 50 of the NDPS Act. Apart from this, he submits that the present applicant is having no previous criminal history. 5. On the other side, Ms. Pushpa Bhatt, learned AGA have not disputed this fact that the applicant is having no previous criminal history and the contraband, which is shown to be recovered from the present applicant, is below commercial quantity. 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 2025:UHC:7167 commercial quantity, and, furthermore, the applicant is having 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 instant bail application is allowed. 8. Let the applicant, namely, Harnam, 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.) 13.08.2025 R.Bisht 2025:UHC:7167