2025:UHC:8679 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25TH SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1750 of 2025 Deepak Singh Padiyar ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Lalit Sharma, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate. Hon’ble Alok Kumar Verma,J. The applicant-Deepak Singh Padiyar 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.297 of 2025, registered at Police Station Haldwani, District Nainital. 2. According to the First Information Report dated 02.09.2025, the applicant was apprehended by the police on 01.09.2025. He was searched. The police recovered 609 gm Charas from his bag. He was arrested. 1 2025:UHC:8679 3. Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Mr. Lalit Sharma, Advocate, contended that the applicant is an innocent person. He has been falsely implicated by the police. The alleged contraband was not recovered from his possession. The alleged recovery was planted. There was no independent witness at the time of the alleged recovery. This fact also supports the contentions of the applicant. Applicant is a permanent resident of District Nainital, therefore, there is no possibility of his absconding. He has no criminal antecedents. The alleged recovered contraband does not fall under the category of the commercial quantity. 5. Mr. Tumul Nainwal, learned Assistant Government Advocate, 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. 2 2025:UHC:8679 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. 9. The Bail Application is allowed. 10. Let the applicant – Deepak Singh Padiyar 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:25.09.2025 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=6f1c15b6305912b3f008e9a4a8038e e7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F 32DE6BA960BFE64D819EE44CA9CCE487B2FE 0F92, cn=NEHA BISHT Date: 2025.09.25 18:07:36 +05'30'