BA1/427/2025 on 9 April, 2025

Uttarakhand High Court

BA1/427/2025 on 9 April, 2025

                                                                                  2025:UHC:2709
                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 / 4 2 7 / 2 0 2 5

                                       H on 'ble Ra k e sh Th a pliya l, J.

1. Ms. Manj u Bahuguna and Mr. D.N.
Sharm a, learned counsel for t he
applicant .

2. Mr. Siddhart h Bisht , learned A.G.A.
and Mr. Him anshu Sain, learned Brief
Holder for t he St at e.

3. Present applicant- Vipin is praying
for regular bail in relat ion t o FI R dat ed
09.02.2025 regist ered as FI R No. 0044
of 2025 at P.S. I TI Dist rict Udham Singh
Nagar wherein t he present applicant has
been im plicat ed for t he offence
punishable under Sect ion 8/ 20/ 60 of t he
NDPS Act .

4. I t is subm it t ed by t he learned
counsel for t he applicant t hat t he
applicant is innocent and has been
falsely im plicat ed and furt herm ore
alleged cont raband ( ganj a) which is
shown t o be recovered from t he
possession of t he present applicant is
6.230 kg which is below t he com m ercial
quant it y. I t is furt her subm it t ed t hat
t here is no proper com pliance of
m andat ory provision of t he NDPS Act
part icularly Sect ion 50 of t he NDPS Act .
I t is furt her subm it t ed t hat t he applicant
has no previous crim inal hist ory and is
languishing in j ail since 09.02.2025.

5. On t he ot her side, Mr. Siddhart h
Bisht , learned A.G.A. on writ t en
inst ruct ions apprise t his Court t hat t he
applicant has no previous crim inal
hist ory and t owards recovery of alleged
cont raband he subm it s t hat t he alleged
cont raband which is shown t o be
recovered from t he possession of t he
2025:UHC:2709
applicant is below t he com m ercial
quant it y.

6. Aft er hearing t he argum ent s of t he
learned counsel for t he part ies, and
furt her t aking int o considerat ion t hat t he
alleged cont raband which is shown t o be
recovered from t he possession of t he
applicant is below t he com m ercial
quant it y and furt herm ore applicant has
no previous crim inal hist ory, t hus,
wit hout expressing any opinion on t he
m erit of t he case t his Court is of t he view
t hat t he applicant deserves for bail.

7. Accordingly, t he bail applicat ion is
allowed.

8. Let t he applicant Vipin be released
on bail on his execut ing a personal bond
and furnishing t wo reliable suret ies of
t he like am ount t o t he sat isfact ion of t he
court concerned.

( Ra k e sh Th a pliya l, J.)
0 9 .0 4 .2 0 2 5
Parul
2025:UHC:2709