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2026 DAILYLAW 3699 (UTT)

SHABANA ALIAS SHABNAM v. STATE OF UTTARAKHAND

BA1/462/2026 · 2026-04-28

Ashish Naithani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21. BA] SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:3185 (Delay Condonation Appl. No.01 of 2026) In BA1 No.462 of 2026 Shabana @ Shabnam Vs. State of Uttarakhand Hon’ble Ashish Naithani, J. Mr. Mohd. Safdar, learned counsel for the Applicant. 2. Mr. J.P. Kandpal, learned Brief Holder for the State. 3. Present bail application is moved by the applicant, who is in judicial custody in connection with Case Crime No.52 of 2026 under Section 8 read with Section 21 of Narcotic Drugs and Psychotropic Substances Act, P.S. Piran Kaliyar, District Haridwar. 4. Heard learned counsel for the parties. 5. Learned counsel for the applicant submits that there is delay of 4 hours in lodging the FIR which creates a serious doubt in the prosecution story. He submits that during the search and seizure no independent witness has been associated by the Police, hence there is missing of compliance of Section 100(4) of Cr.P.C. as all the witness to the alleged recovery are police personals. He submits that against the applicant one case is pending under Section NDPS Act in which 2 gram smack was recovered and applicant is on bail in the said case. He further submits that if applicant is enlarged on bail he is ready to abide by any condition which this Court deems fit. 6. Learned State counsel has opposed the bail application. 7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that applicant is entitled to be released on bail. 8. Accordingly, bail application is allowed. Let the applicant-Shabana @ Shabnam be released on bail on her executing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned. 9. Pending application, if any, stands disposed of. (Ashish Naithani, J.) 28.04.2026 Arti