Uttarakhand High Court
BA1/338/2025 on 4 March, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:1501
Office N ot e s,
r e por t s, or de r s
or pr oce e dings
SL.
Date or dir e ct ions COURT'S OR JUD GE'S ORD ERS
N o.
a nd Re gist r a r 's
or de r w it h
Signa t ur e s
BA1 No. 338 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Mohkam Singh and Mr. Ajeet Kumar
Yadav, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned Brief Holder
for the State.
3. The present applicant ‘Virendra alias Veeru’
is in judicial custody in relation to First
Information Report dated 31.12.2024 registered as
FIR No. 107 of 2024 P.S. Jhankaiya, District Udham
Singh Nagar, wherein, the present applicant has
been 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 furthermore there is no proper
compliance of provisions of Section 42, 43, 50, 55
and 57 of NDPS Act.
5. Apart from this, he submits that the
chargesheet has already been filed and the
applicant has no previous criminal history.
6. Apart from this, he submits that the alleged
contraband, which was shown to be recovered
from the applicant is below a commercial quantity
7. Learned State counsel have not disputed this
fact that the chargesheet has been filed and the
alleged contraband which was shown to be
recovered from the present applicant is below a
commercial quantity and furthermore the
applicant have no previous criminal history.
8. After hearing the arguments of the learned
counsel for the parties and further taking into
consideration that the applicant has no previous
criminal history and the alleged contraband which
was shown to be recovered from the present
applicant is below a commercial quantity, this
court is of the view that the applicant deserves
bail.
9. Accordingly, without expressing any
opinion on the merit of the case, the bail
application is allowed.
2025:UHC:1501
10. Let the applicant ‘Virendra alias Veeru’ be
enlarged 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 if the applicant is found
to be indulged in any such activity in future the
prosecution is directed to move immediately an
application for cancellation of bail.
(Rakesh Thapliyal, J.)
04.03.2025
PR