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2026 DAILYLAW 9879 (UTT)

ACHAL RAJPUT v. STATE OF UTTARAKHAND

BA1/1307/2026 · 2026-08-04

Rakesh Thapliyal

body2026

Judgment text

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UKHC010131802026 2026:UHC:6819 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1307/2026 Achal Rajput --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Rajat Mittal, learned counsel for the applicant. 2. Mrs. Shweta Badola Dobhal, learned Brief Holder for the State. 3. The present applicant ‘Achal Rajput’ S/o Sri Mahachandu Singh is praying for bail in reference to First Information Report dated 06.07.2026 bearing FIR No. 0426 of 2026 P.S. Patel Nagar, District Dehradun, wherein, the present applicant is implicated for the offence punishable under section 8/20 of NDPS Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and the alleged contraband, which is shown to be recovered from the present applicant is 10.202 kg of ‘ganja’, which is much below the commercial quantity. He further submits that the applicant has no criminal antecedents and so far as the search and seizure of the contraband from the present applicant is concerned there is no substantial compliance of mandatory provision of the NDPS Act. He further submits that the present applicant is languishing in jail since 07.07.2026. 5. On the previous date the State was directed to get the instructions about criminal antecedents of the present applicant. Today, she submits that the applicant has no criminal history. 6. About the recovery of contraband learned State counsel submits that though the contraband is much below the commercial quantity but the recovery was made after full compliance of the UKHC010131802026 2026:UHC:6819 mandatory provision of the NDPS Act, therefore, the argument as advanced by the learned counsel for the applicant is misconceived and is completely the subject matter of trial. 7. After hearing the submission of learned counsel for the parties and taking into consideration that the alleged recovered contraband is non commercial one and the applicant has 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 ‘Achal Rajput’ be released on bail on furnishing his personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions: i. That the applicant after being released on bail shall join the Trial Court proceeding on each and every date without seeking any unnecessary adjournment. ii. After being released on bail the applicant shall surrender his passport, if any, to the Trial Court within three days. iii. The applicant shall not indulge in any such activity in future. In breach of any conditions as above the prosecution is free to move bail cancellation application. (Rakesh Thapliyal, J.) 04.08.2026 PR UKHC010131802026 2026:UHC:6819