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2026 DAILYLAW 8104 (UTT)

DIMPAL PAL v. STATE OF UTTARAKHAND

BA1/1706/2025 · 2026-07-06

Rakesh Thapliyal

body2026

Judgment text

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UKHC010143492025 2026:UHC:5399 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1706/2025 Dimpal Pal --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. Mr. Mehboob Rahi, learned counsel for the applicant. 2. Mr. B.C. Joshi, learned AGA for the State. 3. Present applicant-Dimpal Pal, S/o Kadam Singh praying for bail in reference to a first information report dated 03.12.2024 bearing FIR No.0630 of 2024 P.S. SIDCUL, District Haridwar wherein he has been implicated for the offences punishable under Section 8/20 of NDPS Act. 4. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated; he is languishing in jail since 03.12.2024. He submits that the applicant have no previous criminal antecedents and in addition to this, he submits that the alleged contraband charas, which is shown to be recovered, admittedly, is commercial one and Section 37 of the NDPS Act will come into the way, which requires fulfillment of twin conditions. He submits that firstly, the applicant has no previous criminal antecedents and if he is enlarged on bail there is no such possibility that he will repeat the same. He further submits that though the inventory was prepared but the same was not certified in UKHC010143492025 2026:UHC:5399 the manner as provided under Rule 8 of 2022 Rules and thirdly he submits that the applicant is already in prolonged incarceration since last more than two and half years he is languishing in jail since 03.12.2024. 5. On the other hand, Mr. B.C. Joshi, learned AGA submits that though the certification of Magistrate by putting “seen” in the inventory is not fatal and subject matter of trial but may be considered for bail and he has also not disputed that the present applicant is languishing in jail since 03.12.2024 and has no criminal antecedents. 6. After hearing the rival submission of learned counsel for the parties and taking into consideration that the present applicant is languishing in jail since 03.12.2024 and is in prolonged incarceration of more than two and half years; have no criminal antecedents and twin conditions as stipulated under Section 37 of NDPS Act are fulfilled, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant-Dimpal Pal 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. (Rakesh Thapliyal, J.) 06.07.2026 Arti