2025:UHC:7420 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 21st AUGUST, 2025 FIRST BAIL APPLICATION NO.1509 of 2025 Tuninath alias Tony ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Ankur Sharma, Advocate. Counsel for the Respondent : Mrs. Rangoli Purohit, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Tuninath alias Tony is in judicial custody under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.157 of 2025, registered at Police Station Kankhal, District Haridwar. 2. According to the First Information Report dated 12.06.2025, the police apprehended the applicant and recovered 36.95 gm smack (Heroin) from the possession of the applicant. 3. Heard Mr. Ankur Sharma, learned counsel for the applicant and Mrs. Rangoli Purohit, learned Brief Holder for respondent. 1 2025:UHC:7420 4. Mr. Ankur Sharma, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The alleged recovery was planted. The mandatory provisions of the Act, 1985 were not followed. 5. Mrs. Rangoli Purohit, learned 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. 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 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. 2 2025:UHC:7420 10. Let the applicant – Tuninath alias Tony 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:21.08.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2 FE0F92, cn=NEHA BISHT Date: 2025.08.21 19:03:38 +05'30'