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2025 Supreme(Online)(UK) 1481

HIGH COURT OF UTTARAKHAND
Rakesh Thapliyal, J
Amresh – Appellant
Versus
State – Respondent
BA 1/1125/2025



Advocates:
For the Appellants/Petitioners: Bharat Chaudhary
For the Respondents: Sandeep Sharma

The court grants bail based on non-commercial quantity recovery, absence of custodial need, and clean criminal history.

Headnote:In this bail application under the NDPS Act, the applicant is seeking bail after being implicated for offences related to the recovery of non-commercial quantity of Charas, with charge sheet filed and no previous criminal history. The court finds no need for custodial interrogation and rules in favor of granting bail. Thus, the applicant is allowed bail upon furnishing personal bond and sureties.

SL. N o . D a t e Of f i ce N o t e s, r e p o r t s, o r d e r s o r p r o ce e d i n g s o r d i r e ct i o n s a n d Re g i st r a r ’ s o r d e r w i t h Si g n a t u r e s COURT’ S OR JUD GE’ S ORD ERS
BA 1 / 1 1 2 5 / 2 0 2 5 Hon’ble Rakesh Thapliyal, J. 1. Mr. Bharat Chaudhary, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned Assistant Government Advocate for the State. 3. Present applicant “Amresh, son of Shri Puran Lal”, is praying for regular bail in relation to First Information Report dated 24.04.2025 bearing FIR No. 0037 of 2025, Police Station – Muni ki Reti, District – Tehri Garhwal wherein present applicant along with two others persons Sunil Rana and Aditya have been implicated for the offences punishable under Section 8 / 20 of the NDPS Act . 4. Learned counsel for the applicant submits that alleged contraband (Charas), which is shown to be recovered from the applicant, is 132 gram of Charas, which is a non commercial quantity and in total, 946 gram of Charas is shown to be recovered from all the three accused persons, which is also a non commercial quantity. He further submits that applicant is languishing in jail since 24.04.2025. 5. Apart from this, learned counsel for the applicant submits that since charge sheet has already been filed, therefore, there is no need of custodial interrogation and applicant has no previous criminal history. 6. On the other hand, learned AGA has not disputed this fact that the contraband, which is shown to be recovered from the present applicant is a non commercial quantity and charge sheet has already been filed, therefore, there is no need of custodial interrogation and the applicant has no previous criminal history. 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that charge sheet has already been filed, therefore, there is no need of custodial interrogation and the applicant has no previous criminal history and the contraband, which is
shown to be recovered from the present applicant is a non commercial quantity, therefore, this Court is of the view that applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant ‘‘Amresh”, be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 01.07.2025. SKS

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