Mohd Hasnain v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS BA1/2044/2025 Mohd Hasnain --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J.

¶1Mr. D.N. Sharma, learned counsel for the applicant.

¶2Mr. Sandeep Sharma, learned AGA for the State.

¶3Present applicant "Mohd. Hasnain, son of Mohd. Yunus", is praying for regular bail in reference to FIR dated 26.12.2024 bearing FIR No. 49 of 2024 registered at Police Station – Bhatraujkhan, District – Almora, wherein present applicant along with Javed Hasan, Dilshad and Asif have been implicated for the offences punishable under Section 8, 20 of the NDPS Act.

¶4It is argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated. There is joint recovery of 75.355 Kg of Ganja from two cars, and the quantity as shown to be recovered from the other co-accused is below commercial quantity i.e. 15.435 Kg and they have been enlarged on bail by the Coordinate Bench, however, commercial quantity of contraband is shown to be recovered from the present applicant. He further submits that applicant was arrested on 27.12.2024 and since then, he is languishing in jail. He further submits that other co-accused Javed Hasan has been enlarged on bail. In reference to the quantum of the contraband, which is shown to be recovered from the present applicant, he submits that this is a joint recovery and even if, the contraband, which is shown to be recovered from the present applicant is commercial one, even then, applicant has suffered long incarceration of 1 ½ years, therefore, this aspect can be looked into to dispense with the rider of Section 37 of the NDPS Act. With regard to the criminal antecedents, he submits that applicant has no criminal history. He further submits that since the applicant is in jail since 27.12.2024 and if the applicant is released on bail, there is no possibility that he will be indulge in such criminal activities, however, the Court may impose some stringent conditions.

¶5On the other side, learned State Counsel have not disputed that co-accused have already been enlarged on bail by this Court on 22.07.2025 and applicant is languishing in jail since 27.12.2024 and he has no criminal antecedents.

¶6After hearing the learned counsel for the parties and taking into consideration that applicant is languishing in jail since 27.12.2024 and has no criminal antecedents and co accused – Javed Hasan has already been enlarged on bail, this Court is of the view that applicant deserves for bail, since long incarceration can be considered to be a factor in order to dispense with the stringent condition of Section 37 in terms of the NDPS Act.

¶7Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.

¶8Let the applicant "Mohd. Hasnain, son of Mohd. Yunus", be released on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the court concerned subject to the following condition: i. After being released on bail, applicant shall join the trial court proceeding on each and every date and he shall not seek any unnecessary adjournment. ii. He shall surrender his passport, if any, in the trial court. iii. If applicant is found to be indulged in such criminal activities, in future, then the prosecution is free to move an application for cancellation of bail. (Rakesh Thapliyal, J.)

12.08.2026 SKS