2025:UHC:8930 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 09TH OCTOBER, 2025 SECOND BAIL APPLICATION NO.258 of 2025 Sandeep Pal ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Bilal Ahmed, Advocate. Counsel for the Respondent : Mr. Akshay Latwal, Assistant Government Advocate assisted by Mr. Prabhat Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Sandeep Pal is in judicial custody for the offence punishable under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.22 of 2025, registered at Kotwali Roorkee, District Haridwar. 2. The First Bail Application (No.589 of 2025) was dismissed as withdrawn on 25.09.2025 granting liberty to the applicant to file afresh. 3. According to the First Information Report dated 16.01.2025, the police apprehended the 1 2025:UHC:8930 applicant and recovered 31 gm Smack from his possession. 4. Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent. 5. Mr. Bilal Ahmed, Advocate, contended that the applicant 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 of the alleged recovery from the possession of the applicant. This fact also makes the police story doubtful. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the alleged recovered contraband does not fall under the category of the commercial quantity. 6. Mr. Akshay Latwal, Assistant Government Advocate, has opposed the bail application orally. 7. 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). 2 2025:UHC:8930 8. 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. 9. 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. 10. The Bail Application is allowed. 11. Let the applicant – Sandeep Pal 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:09.10.2025 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=6f1c15b6305912b3f008e9a4a80 38ee7326b08b2d0e018b01be753f01483 6d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB96770684 52F32DE6BA960BFE64D819EE44CA9CCE 487B2FE0F92, cn=NEHA BISHT Date: 2025.10.09 19:08:12 +05'30'