2025:UHC:10507 HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 2224 of 2025 25 November, 2025 Sameer Malik --Applicant Versus State Of Uttarakhand --Respondent ---------------------------------------------------------------------- Present: 1. Mr. Basant Singh, learned counsel holding brief of Mr. Harshpal Sekhon, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned Brief Holder for the State. Hon’ble Rakesh Thapliyal, J. (Oral) (Through V.C.) Present applicant Sameer Malik, S/o Saleem Malik is praying for bail in relation to FIR dated 04.01.2025, bearing FIR No. 02 of 2025, registered at P.S. Kotwali Pithoragarh, District Pithoragarh, wherein the present applicant along with Sarvesh Kumar has been implicated for the offences punishable under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985. On completion of investigation, the applicant has been charge sheeted for the offence punishable under Section 29 of N.D.P.S. Act. 2. It is contended by the learned counsel for the applicant that the applicant is made an accused for the offence punishable under Section 29 of the N.D.S.P.S Act and as per the prosecution the recovery 1 2025:UHC:10507 has been shown from the other co-accused, who has already been granted bail by the trial court. Apart from this, he submits that the recovery as shown from the co-accused is a non commercial quantity and there is no recovery from the present applicant and the applicant is languishing in jail since 14.10.2025. 3. On the other side, Ms. Meenakshi Sharma, learned Brief Holder has not disputed this fact that the other co-accused has already been enlarged on bail by the trial court. 4. After hearing the arguments of the learned counsel for the parties and taking into consideration that the other co-accused from whom, the recovery has been shown is already enlarged on bail by the trial court and the applicant is an accused for the offence punishable under Section 29 of the N.D.P.S. Act, this Court is of the view that the present applicant deserves for bail. 5. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 6. Let the applicant “Sameer Malik” be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 25.11.2025 Nahid 2 2025:UHC:10507 3