2025:UHC:9656 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 31ST OCTOBER, 2025 FIRST BAIL APPLICATION NO.2063 of 2025 Rajat Khan ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Shariq Khurshid, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant- Rajat Khan 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.185 of 2025, registered at Police Station Banbhoolpura, District Nainital. 2. According to the First Information Report dated 17.07.2025, seeing the police, the applicant tried to run away. The police became suspicious of his behavior so he was apprehended. He had a polythene in his hand. The police recovered 15.40 gm smack from the said polythene. The applicant was arrested. 1 2025:UHC:9656 3. Heard Mr. Shariq Khurshid, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Shariq Khurshid, appearing for the applicant, submitted that the alleged smack was not recovered from the possession of the applicant. The said recovery was false. There was no independent witness at the time of the alleged recovery from the possession of the applicant. This fact also supports the submission of the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding, and, the alleged smack does not fall under the category of the commercial quantity. 5. Mr. Pradeep Lohani, learned Brief Holder, 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. 2 2025:UHC:9656 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. 9. The Bail Application is allowed. 10. Let the applicant – Rajat Khan 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 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=6f1c15b6305912b3f008e9a4a8038ee7326b 08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6B A960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.10.31 19:10:34 +05'30'