2025:UHC:8337 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 19th SEPTEMBER, 2025 FIRST BAIL APPLICATION NO. 1752 of 2025 Sachin ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Karan Singh Dugtal, Advocate. Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant – Sachin is in judicial custody for the offence punishable under Section 8 read with Section 21 and Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985) in FIR No.202 of 2025, registered at Police Station Banbhulpura, District Nainital. 2. According to the First Information Report dated 12.08.2025, the police apprehended the applicant and recovered 14.76 gm smack (heroin) from his possession. He was arrested. 3. Heard Mr. Karan Singh Dugtal, learned counsel for the applicant and Mr. Himanshu Sain, learned Brief Holder for the respondent. 4. Mr. Karan Singh Dugtal, Advocate, appearing for the applicant submitted that the applicant has been 1 2025:UHC:8337 falsely implicated in the present matter. The alleged narcotic contraband was not recovered from his possession. The alleged recovery was planted. There was no independent witness of the alleged recovery. This fact also makes the police story doubtful. The quantity of the alleged recovered contraband does not fall under the category of the commercial quantity. Applicant is a permanent resident of District Nainital, therefore, there is no possibility of his absconding, and, he has no criminal antecedents. 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, lesser than 5 gm of smack 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 2 2025:UHC:8337 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 – Sachin 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: 19.09.2025 Pant/ 3