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2025 DAILYLAW 11339 (UTT)

PARAMJEET SINGH v. STATE OF UTTARAKHAND

BA1/1729/2025 · 2025-09-16

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8238 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16TH SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1729 of 2025 Paramjeet Singh ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mani Kumar, Advocate Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder Hon’ble Alok Kumar Verma,J. The applicant - Paramjeet Singh is in judicial custody for the offence under Section 8 read with Section 21 and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.204 of 2025, registered at Police Station Gadarpur, District Udham Singh Nagar. 2. According to the respondent, on 16.07.2025, the applicant was sitting on a cot in a hut. Seeing the police, he tried to run away. Police recovered 24.10 gm. smack (heroin) in the polythene from the spot. The applicant fled from the spot with the help of the persons present at the spot. The First Information Report has been registered on 17.07.2025. The applicant surrendered before the Magistrate on 1 2025:UHC:8238 02.08.2025. 3. Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent. 4. Mr. Mani Kumar, Advocate, contended that the applicant has been falsely implicated in the present matter. The alleged narcotic contraband was not recovered from his possession. The said recovery was planted. The alleged contraband is below than commercial quantity. Applicant is not a convicted person. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, he is in judicial custody since 02.08.2025. 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, 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. 2 2025:UHC:8238 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. 10. Let the applicant – Paramjeet Singh 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. Date:16.09.2025 Pant/ 3