Uttarakhand High Court
BA1/1329/2025 on 30 July, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:6647
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No. 1329 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mrs. Radha Arya, learned counsel for the
applicant.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. The present applicant ‘Boby Sharma’ S/o
Suraj Sharma is praying for bail in relation to First
Information Report dated 23.06.2025 bearing FIR
No. 666 of 2025 P.S. Laksar, District Haridwar,
wherein, the present applicant has been
implicated for the offence punishable under
Section 8/22 of NDPS 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 prohibited
drugs and injections, which has shown to be
recovered from the present applicant, are below a
commercial quantity and for such recovery there
is no proper compliance of Sections 42, 50, 52A
and 57 of the NDPS Act. She also argued that at
the time of arrest no ground of arrest was
provided.
5. Apart from this, it is also contended that the
applicant has a previous criminal history of one
case arising out of Case Crime No. 265 of 2020 for
the offences punishable under Sections 304, 201
and 324 of IPC in which the applicant is already
bailed out.
6. Apart from this, she submits that the
applicant’s wife is pregnant and the expected date
of delivery is 29.09.2025.
7. On the other side, Mr. V.S. Pal, learned
A.G.A. have not disputed this fact that in the
previous case the applicant is already bailed out
and also have not disputed that the alleged
prohibited injections and drugs are below a
commercial quantity; however, he submits that the
investigation is still going on.
8. After hearing the arguments of learned
counsel for the parties and further taking into
consideration that the alleged prohibited drugs
2025:UHC:6647
injections shown to be recovered from the present
applicant is below a commercial quantity and
furthermore in the previous case the applicant is
already bailed out and taking into consideration
that the applicant’s wife is pregnant and the
tentative date of delivery is 29.09.2025, 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 ‘Boby Sharma’ be released
on bail on furnishing his personal bond and two
sureties each of the like amount to the satisfaction
of the court concerned.
11. It is made clear that after being released on
bail the applicant shall cooperate with the part
pending investigation and shall report to the
nearest police station on the first date of every
month and concerned SHO shall record his
presence, failing which the concerned court shall
proceed against the present applicant for
cancelling the bail.
(Rakesh Thapliyal, J.)
30.07.2025
PR
2025:UHC:6647