Shubham @ Buddhu vs State Of Uttarakhand
2025 Latest Caselaw 3505 UK

Uttarakhand High Court

Shubham @ Buddhu vs State Of Uttarakhand on 2 April, 2025

                                                                2025:UHC:2500

          IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL

                  First Bail Application No.2392 of 2024

Shubham @ Buddhu                                                 ....Applicant
                                       Vs.

State of Uttarakhand                                          .....Respondent

Mr. Bilal Ahmed, learned counsel for the applicant. Mr. Rakesh Negi, learned Brief Holder for the State of Uttarakhand.

Hon'ble Ashish Naithani, J

Present bail application has been moved on behalf of the applicant. The applicant is presently in judicial custody in connection with Case Crime No.117 of 2024 for the offence punishable under Sections 8, 20, 60 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the N.D.P.S. Act).

2. Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State of Uttarakhand.

3. As per first information report it is alleged that on 04.10.2024 complainant-Sub Inspector alongwith other police personnel were going towards Veterinary Hospital Tiraha Dhalwala in the meantime they spotted two persons standing along with motorcycle, who on seeing the police party suddenly started their motorcycle and started running towards Bhadrakali but police party caught them.

4. Learned counsel for the applicant submits that there was no independent witness of the incident. He submits that mandatory provisions of the N.D.P.S. Act were not complied with. He submits that applicant has no previous criminal history. He

2025:UHC:2500

further submits that applicant is languishing in jail since 04.10.2024. He also placed reliance on the judgment passed by the Coordinate Bench of this Court dated 18.02.2025 and submits that on the ground of parity applicant is entitled for bail.

5. Learned State Counsel opposed the bail application and submits that commercial quantity of the contraband was recovered, hence bail application should be rejected.

6. After hearing the learned counsel for the parties and on perusal of the record as well as without going into the merits of the case, this Court finds it to be a fit case for bail as certain directory and mandatory provisions of the N.D.P.S. Act were not followed.

7. Accordingly, the bail application is allowed. Let the applicant-Shubham @ Buddhu be released on bail on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of court concerned.

(Ashish Naithani, J.) 02.04.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.04.09 16:13:23 +05'30'