Uttarakhand High Court
BA1/2125/2024 on 4 July, 2025
Office Notes,
reports, orders or
proceedings or
No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
BA1 No. 2125 of 2024
Hon'ble Alok Mahra, J.
Mr. Akram Parvez, learned legal-aid-
counsel for the applicant.
2. Mr. Himanshu Sain, learned Brief Holder
for the State.
3. The applicant – Mohd. Ikrar, who is in
judicial custody in connection with FIR/Case
Crime No. 169 of 2024, under Sections 8/22
of N.D.P.S. Act, registered at P.S.-
Vanbhoolpura, District Nainital, has sought his
release on bail.
4. Heard learned counsel for the parties
and perused the records.
5. Learned counsel for the applicant would
submit that there is no independent witness of
the alleged recovery; that mandatory
provisions of Sections 50, 52, 55 and 57 of
N.D.P.S. Act has not been complied with; that
the applicant is innocent and has been falsely
implicated in the case; that the applicant is
languishing in jail since 24.08.2024; and, that
the alleged recovery of 3 Injection
Buprenorphine IP 2ml and 3 Avil Injection
(pheniramine) from the possession of the
applicant, is below commercial quantity.
6. Learned State Counsel, on the other
hand, has vehemently opposed the bail
application, but, has admitted to the fact that
the alleged recovery, from the possession of
the applicant, is below commercial quantity.
7. Having considered this aspect, under the
facts and circumstances of the case and also
taking into consideration the fact that the
recovery from the applicant was not a chance
recovery, as even as per the prosecution case,
the applicant was caught hold by some other
person and also the fact that applicant has no
previous criminal history relating to the
N.D.P.S. Act, this Court is of the view that it is
a case fit for bail and the applicant deserves
to be enlarged on bail.
8. Accordingly, the bail application is
allowed.
9. Let the applicant be released on bail on
his executing a personal bond and furnishing
two reliable sureties each of the like amount,
to the satisfaction of the court concerned,
with the following conditions:
(i) He shall attend the Trial Court regularly,
and, he will not seek any unnecessary
adjournment.
(ii) He shall not directly or indirectly make
any inducement, threat or promise to any
person acquainted with the facts of this
case.
(iii) He shall not leave India without any
prior permission of the Trial Court.
10. It is clarified that if the applicant
misuses or violates any of the conditions,
imposed upon him, the complainant/informant
will be free to move the court for cancellation
of bail.
(Alok Mahra J.)
04.07.2025
Ujjwal
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