2025:UHC:9651 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 31st OCTOBER, 2025 FIRST BAIL APPLICATION NO.1555 of 2025 Akash alias Shekhar ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Karan Singh Dugtal, Advocate. Counsel for the Respondent : Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant is in judicial custody for the offence punishable under Section 8 read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.401 of 2025, registered at Police Station Rudrapur, District Udham Singh Nagar. 2. According to the respondent, on 08.08.2025, the applicant was apprehended by the police on suspicion. The police recovered 999 gm. opium from the bag of the applicant. He was arrested. 3. Heard Mr. Karan Singh Dugtal, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent. 1 2025:UHC:9651 4. Mr. Karan Singh Dugtal, Advocate, contended that the alleged opium was not recovered from the possession of the applicant. The said recovery was planted. There was no independent witness at the time of the alleged recovery. Applicant has no criminal antecedents. He is a permanent resident of District Rampur, Uttar Pradesh, therefore, there is no possibility of his absconding, and, the alleged recovered opium is less than the commercial quantity. 5. Mr. Chitrarth Kandpal, Brief Holder, has opposed the bail application. 6. As per Table prepared in terms of Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, 25 gm. of opium is small quantity and greater than 2.50 kg. is commercial quantity (Entry No.92). 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 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. 2 2025:UHC:9651 9. The Bail Application is allowed. 10. Let the applicant – Akash alias Shekhar 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:31.10.2025 Shiv/ 3