2025:UHC:9975 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 12th NOVEMBER, 2025 FIRST BAIL APPLICATION NO. 2102 OF 2025 Rakesh Kumar ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Ms. Sheetal Selwal, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate. Hon’ble Alok Kumar Verma,J. The applicant – Rakesh Kumar 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.480 of 2025, registered at Police Station Pathri, District Haridwar. 2. According to the First Information Report dated 17.08.2025, the applicant was apprehended by the police on suspicion. The police recovered 533 gm. charas from his bag. He was arrested. 3. Heard Ms. Sheetal Selwal, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for respondent. 4. Ms. Sheetal Selwal, Advocate, for the applicant submitted that the applicant is an innocent person. He has been falsely implicated by the police. There was no 1 2025:UHC:9975 independent witness at the time of the alleged recovery from the applicant. This fact also makes the story of the police doubtful. Applicant has no criminal antecedents. He is a permanent resident of District Pithoragarh, therefore, there is no possibility of his absconding, and, the alleged recovered charas is less than commercial quantity. 5. Mr. Tumul Nainwal, 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. 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. 8. The Bail Application is allowed. 9. Let the applicant – Rakesh Kumar 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: 12.11.2025 Pant/ 2