2025:UHC:7466 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22ND AUGUST, 2025 FIRST BAIL APPLICATION NO.1516 of 2025 Vipin Kashyap ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. M.K. Ray, Advocate Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder Hon’ble Alok Kumar Verma,J. The applicant-Vipin Kashyap is in judicial custody for the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.272 of 2025, registered at Police Station Rudrapur, District Udham Singh Nagar. 2. According to the First Information Report dated 09.06.2025, the police party apprehended the applicant and recovered 53.22 gm. smack (heroin) from his possession. 3. Heard Mr. M.K. Ray, learned counsel for the applicant and Mr. Himanshu Sain, learned Brief Holder for respondent. 1 2025:UHC:7466 4. Mr. M.K. Ray, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The alleged recovery was planted. There was no independent witness at the time of the alleged recovery. This fact also makes the police story doubtful. The alleged recovered contraband is below from commercial quantity. He is a permanent resident of District Udham Singh Nagar. 5. Mr. Himanshu Sain, 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, 5 gm of heroin is small quantity and greater than 250 gm is commercial quantity (Entry No.56). 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. 8. Having considered the submissions of learned 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. 2 2025:UHC:7466 9. The Bail Application is allowed. 10. Let the applicant – Vipin Kashyap 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:22.08.2025 JKJ/Pant 3