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2026 DAILYLAW 8974 (UTT)

JUBAID ALI v. STATE OF UTTARAKHAND

BA1/758/2026 · 2026-07-27

Rakesh Thapliyal

body2026

Judgment text

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UKHC010076682026 2026:UHC:6419 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/758/2026 Jubaid Ali --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Harshpal Sekhon, learned counsel for the applicant. 2. Mr. Pratiroop Pandey, learned A.G.A. for the State. 3. The present applicant ‘Jubai Ali’ S/o Mohd. Ahmad is praying for bail in reference to First Information Report dated 05.04.2026 bearing FIR No. 100 of 2026 P.S. I.T.I., District Udham Singh Nagar, wherein, the present applicant is implicated for the offences punishable under sections 8/20/29/27 of N.D.P.S. Act. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and the alleged contraband, which is shown to be recovered is about 3.170 kg, which is much below the commercial quantity and for search and seizure there is no substantial compliance of provisions of N.D.P.S. Act. 5. He also submits that the present applicant is languishing in jail since 04.06.2026 and have no criminal antecedent. 6. On the other side, Mr. Pratiroop Pandey, learned A.G.A., have not disputed that the alleged contraband of ganja, which is shown to be recovered, is much below the commercial quantity and the applicant has no criminal antecedent. 7. After hearing the arguments of learned counsel for the parties and taking into consideration that the alleged contraband is much below the commercial quantity and furthermore UKHC010076682026 2026:UHC:6419 the applicant have no criminal history, this court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant ‘Jubaid Ali’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions: i. That the applicant shall join the trial court proceeding on each and every date without seeking any unnecessary adjournment. ii. The applicant shall surrender his passport, if any, within three days after being released on bail. iii. The applicant shall not indulge in any such activity in future and if it is found that he is indulge in such activity the prosecution is directed to immediately move an application for cancellation of bail. (Rakesh Thapliyal, J.) 27.07.2026 PR