2025:UHC:9080 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 13TH OCTOBER, 2025 FIRST BAIL APPLICATION NO.1914 of 2025 Mobin alias Monu ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Rajveer Singh, Advocate (through video conferencing) Counsel for the Respondent : Mr. Pratiroop Pandey, learned A.G.A. Hon’ble Alok Kumar Verma,J. The applicant-Mobin alias Monu 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. 398 of 2025, registered at Police Station Manglaur, District Haridwar. 2. According to the First Information Report dated 15.05.2025, the applicant was apprehended by the police. He was searched. The police recovered 6.30 gm Smack from his possession. He was arrested. 3. Heard Mr. Rajveer Singh, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent. 1 2025:UHC:9080 4. Mr. Rajveer Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. The alleged Smack was not recovered from his possession. The said recovery was planted. There was no independent witness at the time of the alleged recovery from the possession of the applicant. This fact also makes the story of the police doubtful. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the quantity of the alleged contraband does not fall under the category of the commercial quantity. 5. Mr. Pratiroop Pandey, 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, 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. 8. Having considered the submissions of learned 2 2025:UHC:9080 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 – Mobin alias Monu 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:13.10.2025 Nahid 3