Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8688 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA2/213/2025 Hon’ble Rakesh Thapliyal, J.
1. Ms. Neeti Rana, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned A.G.A. for the State.
3. This is the second bail application. First bail application was rejected by this Court on
20.02.2025.
4. Present applicant “Subhan, son of Khaleel Ahmad” is seeking regular bail in relation to FIR dated 29.06.2024 bearing FIR No. 0552 of 2024, Police Station – Kotwali Manglaur, District – Haridwar wherein present applicant along with one Tasleem have been implicated for the offence punishable under Section 8 / 29 of the NDPS Act.
5.
Learned counsel for the applicant submits that when the first bail application was rejected, charge sheet was not filed and now, after filing of the charge sheet, cognizance has been taken and charges have been framed on 08.04.2025.
6. She further submits that contraband, which is recovered from the applicant, is non commercial quantity. She further submits that there is long criminal history of the applicant and as many as there are 29 criminal cases, out of which in 20 criminal cases, applicant has been acquitted and in one case offence has been compounded and in eight cases, applicant is already enlarged on bail. She further submits that applicant is languishing in jail since 15.01.2025 and trial has already commenced, therefore, there is no need of custodial interrogation.
7. On the other side, learned A.G.A. Mr. Sandeep Sharma, have not disputed this fact that charges have already been framed and trial is going on, therefore, there is no need of custodial interrogation.
8. After hearing the arguments of learned counsel for the parties and further taking into
consideration that the applicant is languishing in
2025:UHC:8688 jail since 15.01.2025 and trial has already commenced, therefore, there is no need of the custodial interrogation of the present applicant and in previous 29 criminal cases, in 20 criminal cases, applicant has been acquitted and one case has been compounded and in eight cases, applicant has already enlarged on bail, 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 second bail application is allowed.
10. Let the applicant “Subhan, son of Khaleel Ahmad” 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, applicant shall join the trial proceedings on each and every date and shall not seek any unnecessary adjournment, failing which the trial court shall be at liberty to take appropriate legal action against the applicant.
12. Apart from this, if the applicant is found to be indulged in future in any criminal activity, the prosecution is free to move an application for cancellation of bail.
(Rakesh Thapliyal, J.) 25.09.2025 SKS