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2026 DAILYLAW 448 (UTT)

RIFAKAT v. STATE OF UTTARAKHAND

BA1/2176/2025 · 2026-01-06

Ashish Naithani

body2026

Judgment text

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:213 BA 1st No.2176 of 2025 Hon’ble Ashish Naithani, J. Mr. Hari Mohan Bhatia, learned counsel for the Applicant. 2. Mr. Rakesh Negi, learned Brief Holder, for the State of Uttarakhand. 3. In the High Court of Uttarakhand, the present case arises from Bail Application under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 seeking regular bail for the Applicant Rifakat S/o Sri Shakhawat Hussain, who has been accused in FIR No.165 of 2024 under Sections 8/21/29 of the NDPS Act, at Police Station Pulbhatta, District Udham Singh Nagar. The Applicant is in judicial custody since 01.01.2025. 4. Learned counsel for the Applicant submits that the Applicant was not apprehended on the spot, and no contraband was recovered. He further submits that the co- accused has been enlarged on bail by this Court in 3rd Bail Application No.75 of 2025, “Shanu Vs. State of Uttarakhand” vide judgment and order dated 28.11.2025. 5. Considering the overall facts and circumstances of the case and the fact that co-accused was granted bail by this Court, the Applicant has made out a case for bail. 6. Accordingly, bail application is allowed. It is directed that the Applicant – Applicant Rifakat S/o Sri Shakhawat Hussain, who has been accused in FIR No.165 of 2024 under Sections 8/21/29 of the NDPS Act, at Police Station Pulbhatta, District Udham Singh Nagar, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the concerned court. The Applicant shall cooperate with the trial proceedings and shall not misuse the liberty granted to him. (Ashish Naithani, J.) 06.01.2026 Nitesh/