2025:UHC:11596 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 2 4 TH DECEMBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO.2 4 9 6 of 2 0 2 5 Kailash Chandra ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Harendra Belwal, Advocate through video conferencing with Mr. Faizan Ahmed, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. The applicant- Kailash Chandra 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.145 of 2025, registered at Police Station Kathgodam, District Nainital. 2 . According to the First Information Report dated 10.11.2025, the police apprehended the applicant on suspicion. He told the police that he has charas. He was searched before the Circle Officer of police. The police recovered 526 gm Charas from the 1 2025:UHC:11596 bag of the applicant. He was arrested at 20: 18 hrs. 3 . Heard Mr. Harendra Belwal, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4 . Mr. Harendra Belwal, Advocate, contended that the applicant is innocent. He has been implicated by the police. The alleged contraband was not recovered from his possession. The said recovery was planted. There was no independent witness at the time of the alleged recovery. This fact also makes the story of police doubtful. Applicant has no criminal antecedents. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding, and, the alleged recovered contraband does not fall under the category of 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, 100 gm. of charas is small quantity and greater than 1 kg. is commercial quantity (Entry No.23). 7 . The object of keeping the accused in detention during the investigation is not punishment. 2 2025:UHC:11596 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. 9 . The Bail Application is allowed. 1 0 . Let the applicant – Kailash Chandra 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: 24.12.2025 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=6f1c15b6305912b3f0 08e9a4a8038ee7326b08b2d0 e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779F B9677068452F32DE6BA960BF E64D819EE44CA9CCE487B2FE 0F92, cn=NEHA BISHT Date: 2025.12.24 18:22:47 +05'30'