Uttarakhand High Court
BA1/1263/2025 on 21 July, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:6340
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.1263 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Anuj Singh Kunjwal, learned
counsel for the applicant.
2. Mr. V.S. Pal, learned AGA for the
State.
3. Present applicant-Shoaib S/o Mohd.
Ayyub is seeking regular bail in relation to
first information report dated 28.06.2025,
bearing FIR No. 0197 of 2025, Police Station
Kiccha, District Udham Singh Nagar, wherein
the present applicant has been implicated for
the offences punishable under Section 8/21
read with Section 60 of the NDPS Act, 1985.
4. It is contended by learned counsel for
the applicant that the alleged contraband,
recovered from the present applicant, is 17.90
gram of Smack, is below the commercial
quantity, and, furthermore, there is no proper
substantial compliance of Section 50, 52, 55
and 57 of the NDPS Act, and, furthermore,
the applicant has no previous criminal
history.
5. Today, Mr. V.S. Pal, learned AGA, on
written instruction, apprise to this Court that
the alleged contraband, which is shown to be
recovered from the present applicant, is below
commercial quantity and the applicant has no
previous criminal history.
6. After hearing the arguments as
advanced by learned counsel for the parties
and further taking into consideration that the
alleged contraband, which is shown to be
recovered from the present applicant, is below
commercial quantity and the applicant has no
previous criminal history, this Court is of the
view that the applicant deserves for bail.
7. Accordingly, without expressing any
opinion on the merit of the case, the present
2025:UHC:6340
bail application is allowed.
8. Let the applicant, namely, “Shoaib,”
be released on bail, on his executing a
personal bond and furnishing two reliable
sureties, each in the like amount, to the
satisfaction of the court concerned.
9. It is made clear that after being
released on bail, the applicant shall report
his presence before the nearest police
station and the concerned SHO shall record
his presence and if the applicant is found to
be indulged in any such activity, then the
prosecution is directed to take immediate
steps for cancelling bail.
(Rakesh Thapliyal, J.)
21.07.2025
R.Bisht
2025:UHC:6340
