Uttarakhand High Court
BA1/809/2025 on 13 June, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes,
SL. Date reports,
No. orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
BA1 No. 809 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. D.K. Sharma, learned Senior
Advocate assisted by Mr. Maneesh Bisht,
learned counsel for the applicant.
2. Mr. Pankaj Joshi, learned A.G.A. for
the State.
3. Present applicant Mangat Singh,
S/o Bhagwan Singh is praying for regular
bail in relation to FIR dated 18.03.2025
registered as FIR/Case Crime No. 29 of
2025 at P.S. Banbasa District
Champawat wherein the present
applicant has been implicated for the
offences punishable under Sections
25(1)(b)(a) of the Arms Act read with
Section 109 of BNS 2023 and under
Sections 8/22/29/60 of the NDPS Act.
4. It is submitted by the learned
counsel for the applicant that the alleged
contraband which is shown to be
recovered from the present applicant is
190.2 gram smack which is below the
commercial quantity, and the other penal
provisions in which the present applicant
has been implicated is completely false
and, in fact, this alleged incident was
happened in the presence of six police
officials, and, subsequently seven more
police officials were came at the spot and
on the fire of the police officials the
applicant sustained injuries. He further
submits that even at the time of search
and seizure there is no substantial
compliance of Section 50 of the NDPS
Act and in the previous case which has
been shown under the Arms Act, the
applicant has already bailed out. He
further submits that there is no any
earlier case relating to the NDPS Act
against the applicant.
5. On the other side, Mr. Pankaj Joshi,
learned A.G.A. opposed the bail
application by submitting that the
applicant has a criminal history of one
case, however, he has not disputed this
fact that the recovery of the alleged
contraband of smack from the applicant
is below the commercial quantity and
have also not disputed that in the earlier
case of the Arms Act the applicant is
already bailed out. He further submits
that the charge sheet has yet not been
filed and the investigation is going on
and the sample of alleged contraband is
also sent to FSL.
6. After hearing the arguments of the
learned counsel for the parties and
further taking into consideration that the
alleged contraband which is shown to be
recovered is below the commercial
quantity, and, furthermore, in this
incident no police official were injured
rather the applicant sustained injury in
this, therefore, this Court is of the view
that the applicant deserves for bail
subject to some stringent conditions.
7. Accordingly, without expressing any
opinion on the merit of the case, the bail
application is allowed.
8. Let the applicant Mangat Singh be
released on bail on his executing a
personal bond and furnishing two reliable
sureties of the like amount to the
satisfaction of the court concerned.
9. It is made clear that after being
released on bail the applicant shall
cooperate with the investigation failing
which the prosecution is free to move
bail cancellation application.
(Rakesh Thapliyal, J.)
13.06.2025
Parul