2026:UHC:1500 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2 No. 259 of 2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Manoj Bhatt and Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. B.C. Joshi, learned A.G.A for the State. 3. The instant second bail application has been moved by the applicant Asif Hussain, S/o Hareesh Ahmed praying for regular bail in relation to first information report dated 07.02.2025 bearing FIR No. 0043 of 2025, registered at P.S. Khatima, District Udham Singh Nagar, wherein,the present applicant and one another person namely Mohd. Tareek have been implicated for the offences punishable under Section 8/21 read with Section 29 read with Section 60 of the NDPS Act, 1985 read with Section 25(1-B)(a) of Arms Act and Section 109 of BNS 2023. 4. The first bail application was rejected on 14.07.2025. Now the instant second bail application has been moved. 5. It is argued by learned counsel for the applicant that the applicant is the accused only for the offence punishable under Section 29 of NDPS Act and the recovery is shown from the other co-accused and there is no recovery from the present applicant. He pointed out that the recovery as shown from the other co-accused is a commercial quantity i.e. 280 gram of Smack. 6. He also submits that the first bail application was rejected on 14.07.2025 and thereafter the charge sheet was filed on 09.09.2025 wherein the trial court took 2026:UHC:1500 cognizance and thereafter the charges were framed on 25.09.2025, but up till date not a single prosecution witness has been examined. 7. In reference to the contraband which was recovered from the other co-accused which is commercial one Mr. Pandey, learned counsel for the applicant submits that in such an eventuality Section 37 of the NDPS Act will come into the way and in reference to this he submits that the charge sheet was filed in absence of the FSL report though as per the mandate of Rule 14 of the 2022 Rules, the FSL report has to be furnished to the concerned I.O. within 15 days from the receipt of the sample by the Forensic Lab. Therefore, there is no substantial compliance of Rule 14 of 2022 Rules which itself shows that the charge sheet has been filed in a very hurried manner that too in absence of the FSL report and it can be said at this stage that there are the remote chances of the conviction of the applicant. 8. So far as the past conduct of the present applicant is concerned, learned counsel for the applicant submits that certainly there is a criminal history of the applicant with regard to the similar nature of allegations but in those cases, he has been enlarged on bail. He further submits that the past conduct of the present applicant will not come into the way at this juncture when he is seeking bail. 9. Learned counsel for the applicant further submits that the present applicant has already suffered long incarceration since he is languishing in jail since 18.03.2025 and more particularly when the charge sheet has already been filed and the charges have been framed, the applicant deserves for bail taking into consideration that there is no need of further interrogation. 10. Finally, Mr. Pandey conclude his argument by submitting that the thin 2026:UHC:1500 condition as stipulated under Section 37 of NDPS Act has been fulfilled and therefore, the applicant deserves for bail. 11. Per contra, the learned A.G.A. vehemently opposed the bail application by submitting that though the applicant is an accused for the offence punishable under Section 29 of NDPS Act, and the recovery is from the other co-accused but in terms of Section 37 of NDPS Act, the applicant does not deserve for bail. 12. Apart from this, he submits that there is no fresh ground in entertaining the instant second bail application except the fact that after rejection of first bail application the charge sheet was filed and the charges has already been framed. With regard to the fact that present applicant is languishing in jail since 18.03.2025, the leaned A.G.A have not disputed this fact. 13. After hearing the arguments of the learned counsel for the parties and taking into consideration that now the charge sheet has been filed on 09.09.2025 that too after rejection of first bail application and thereafter the charges were also framed on 25.09.2025 and up till date not a single prosecution witness has been examined, therefore, there is no possibility that the trial court will expedite the trial. Furthermore, the present applicant is languishing in jail since 18.03.2025 and admittedly since the charge sheet has been filed, there is no need for further custodial interrogation and so far as the past conduct of the present applicant is concerned, no doubt he was implicated in the similar nature of allegations but he is on bail, though the past conduct certainly a major factor which will come not into his way but some stringent conditions can be imposed on the applicant so that he may not indulged in future in such type of activities. 2026:UHC:1500 14. So far as the filing of charge sheet in absence of the FSL report is concerned, no doubt this aspect is subject matter of the trial and at this juncture this is not proper for the court to give any opinion on this but so far as the bail is concerned, this aspect may be looked into. 15. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 16. Let the applicant “Asif Hussain” be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions: - (i) That the applicant will not indulge in such type of activity in future and if it is found that he is indulged in similar activities in future, the prosecution is directed to move an application immediately for cancellation of bail. (ii) After being release on bail, the applicant shall join the trial court proceeding on each and every date and will not seek any unnecessary adjournment. (iii) The present applicant after being released on bail shall report to the concerned nearest Police Station on the first day of each month and the concerned S.H.O. shall record his presence failing which the prosecution is free to move an application before this Court. ( Rakesh Thapliyal, J.) 09.03.2026 Nahid 2026:UHC:1500