Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10836 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
BA1 / 1 6 7 7 / 2 0 2 5
Hon ’ble Alok Mah r a, J.
Mr. Karan Singh Dugtal,
learned counsel for the applicant.
2. Mr. S.S. Chauhan, learned Deputy A.G. along with Mr. Vikash Uniyal, learned Brief Holders for the State.
3. Applicant–Bhagwan Das Kalra, who is in judicial custody in connection with Case Crime/F.I.R. No. 209 of 2025, under Section 8/21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 registered at Police Station Kiccha, District Udham Singh Nagar has sought his release on bail.
4. Heard learned counsel for the parties and perused the record.
5. As per the prosecution case, an F.I.R. was lodged against the applicant alleging that during routine checking, the police apprehended him and recovered 172.8 grams of smack from his possession.
6.
Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case; that the alleged contraband recovered from the applicant is below commercial quantity; that the applicant has no previous criminal history; that, he is languishing in jail since 07.07.2025; that, the applicant is a permanent resident of District Udham Singh Nagar and, therefore, there is no possibility of his absconding; that, the court below, vide order dated 28.08.2025, has rejected his bail application; and that since the trial is likely to take considerable time to conclude, the applicant deserves to be enlarged on bail.
7. Learned State Counsel vehemently opposed the bail application but fairly
2025:UHC:10836 admitted that the contraband recovered from the applicant is below commercial quantity; that the applicant is in judicial custody since 07.07.2025; and that the court below had dismissed the bail application vide order dated 28.08.2025.
8. Having considered the submissions made by both parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
9. Accordingly, the 1st bail application is allowed on the following conditions:- (a) The applicant shall execute a personal bond and furnish two reliable sureties in the like amount to the satisfaction of the trial court. (b) The applicant shall not leave the country without prior permission of the court. (c) The applicant shall appear before the investigating officer as and when required and cooperate with the investigation. (d) The applicant shall not tamper with evidence or witnesses, either directly or indirectly and shall not indulge in any criminal activity while on bail. (e) The applicant shall surrender his passport, if any, to the court or to the investigating agency, to preclude risk of absconding.
10. The bail granted to the applicant shall be liable to be cancelled in the event of any violation of the aforesaid conditions or if the applicant is found to have misused the liberty granted to him. [
( Alok Mahr a, J.)
05.12.2025 Mamta
2025:UHC:10836