2025:UHC:8540 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 23rd SEPTEMBER, 2025 FIRST BAIL APPLICATION NO. 1454 of 2025 Rajkumar Sharma ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant – Rajkumar Sharma is in judicial custody for the offence punishable under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.392 of 2025, registered at Police Station Pathri, District Haridwar. 2. According to the First Information Report dated 11.07.2025, the police party apprehended the applicant on 10.07.2025 and recovered 500 gm. charas from his bag. He was arrested. 3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent. 4. Mr. Gaurav Singh, Advocate, for the applicant 1 2025:UHC:8540 contended that the alleged contraband was not recovered from the possession of the applicant. The alleged recovery was planted. Applicant has been falsely implicated by the police. There was no independent witness at the time of the alleged recovery. This fact also makes the police story doubtful. The alleged contraband does not fall under the category of the commercial quantity. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in custody since 10.07.2025. 5. Mr. Pradeep Lohani, Brief Holder, has opposed the bail application orally. 6. As per Table prepared in terms of Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, 100 gm. of charas is small quantity and greater than 1 kg. is commercial quantity (Entry No.23). 7. The object of keeping the accused in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities. 8. Having considered the submissions of learned 2 2025:UHC:8540 counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage. 9. The Bail Application is allowed. 10. Let the applicant – Rajkumar Sharma 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. ___________________ ALOK KUMAR VERMA, J. Dt: 23.09.2025 Pant/ 3