2026:UHC:497 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA2 No. 338 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Siddharth Bankoti, learned legal aid counsel for the applicant. 2. Mr. Himanshu Sain and Mrs. Meenakshi Sharma, learned Brief Holders for the State. 3. The present applicant ‘Nandan’ S/o Soop Singh is praying for bail in reference to First Information Report dated 25.12.2023 bearing FIR No. 0048 of 2023 in respect of which the present applicant is facing the trial in Session Trial No. 08 of 2023 for the offence punishable under Section 8/20 of NDPS Act, P.S. Kapkot, District Bageshwar. 4. It is argued by the learned counsel for the applicant that this is the second bail application and the first bail application was rejected by this court on 26.03.2025 on the ground that the applicant has criminal history of two cases and in one case he has been convicted. 5. Apart from this, he submits that the alleged contraband, which is shown to be recovered from the present applicant is 692 grams, which is a non- commercial quantity and furthermore there is no substantial compliance of the mandatory provisions of the NDPS Act. He also submits that there is only one case against the applicant in which after conviction he has completed his sentence and in the present case applicant is languishing in jail since 25.12.2023. 6. On the other side, learned State counsel have not disputed that there was only one case in which the applicant has been convicted and now he has completed the sentence and except that there is no other case. 7. Apart from this, learned State counsel have not disputed that the present applicant is languishing in jail since 25.12.2023 and the alleged contraband, which is shown to be recovered is non commercial quantity. 8. After hearing the arguments of learned counsel for the parties and further taking into 2026:UHC:497 consideration that the alleged contraband, which is shown to be recovered is non-commercial quantity and the applicant already suffered long incarceration since he is languishing in jail since 25.12.2023, 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 bail application is allowed. 10. Let the applicant ‘Nandan’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 10.01.2026 PR 2026:UHC:497