2025:UHC:11626 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 2 9 TH DECEMBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO.2 0 1 0 of 2 0 2 5 Herry alias Aryan ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Saurabh Kumar Pandey, Advocate with Mrs. Sarita Bisht, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. The applicant-Herry alias Aryan is in judicial custody for the offence punishable under Section 8 read with Section 21 and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Case Crime No.166 of 2025, registered at Police Station Khatima, District Udham Singh Nagar. 2 . According to the First Information Report dated 27.05.2025, a co-accused Yusuf Ansari alias Guddu was apprehended by the police. The police recovered 141 gm heroin from his possession. He was arrested. He told the police that he has brought the said recovered heroin from Herry alias Aryan 1 2025:UHC:11626 (applicant). 3 . Heard Mr. Saurabh Kumar Pandey, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4 . Mr. Saurabh Kumar Pandey, Advocate, contended that the applicant has been falsely implicated by the co-accused. Applicant was not involved in the alleged offence. He has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, he is in custody since 01.10.2025. 5 . Mr. Pradeep Lohani, learned Brief Holder, on instruction, submitted that apart from the statements of the co-accused, no other evidence has been found against the applicant regarding the said contraband till date. 6 . 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. 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 2 2025:UHC:11626 view that the applicant deserves bail at this stage. 8 . The Bail Application is allowed. 9 . Let the applicant – Herry alias Aryan 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: 29.12.2025 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=6f1c15b6305912b3f008e9a4a8038ee7 326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32 DE6BA960BFE64D819EE44CA9CCE487B2FE0F9 2, cn=NEHA BISHT Date: 2025.12.29 18:29:13 +05'30'