2025:UHC:8461 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22nd SEPTEMBER, 2025 FIRST BAIL APPLICATION NO. 1761 of 2025 Vishal Joshi ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Harshit Sanwal, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant - Vishal Joshi is in judicial custody for the offence punishable under Section 8 read with Section 20 and Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in First Information Report No.103 of 2025, registered at Police Station Kaladhungi, District Nainital. 2. According to the First Information Report, the applicant was apprehended by the police on 07.09.2025. The police recovered 303 gm. charas from his scooty. 3. Heard Mr. Harshit Sanwal, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent. 4. Mr. Harshit Sanwal, Advocate, for the 1 2025:UHC:8461 applicant submitted that the applicant is an innocent person. The alleged narcotic contraband was not recovered from his possession. The said 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 contraband does not fall under the category of commercial quantity. Applicant is a permanent resident of District Almora, therefore, there is no possibility of his absconding, and, he has no criminal antecedents. 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, 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. 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:8461 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 – Vishal Joshi 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: 22.09.2025 Pant/ 3