2025:UHC:11582 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 2 4 t h DECEMBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO.2 4 0 6 of 2 0 2 5 Ashish Singhal ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Sandeep Adhikari, Legal Aid Counsel (through video conferencing). Counsel for the Respondent : Mrs. Sweta Badola Dobhal, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. Applicant is in judicial custody for the offence under Section 8 read with Section 21, Section 27A and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No. 188 of 2025, registered at Police Station Nehru Colony, District Dehradun. 2 . According to the First Information Report dated 15.05.2025, the applicant was apprehended by the police on a secret information. He was searched before the Circle Officer of Police. The police recovered 163 gm. smack from a polythene bag of the applicant, which he had kept in his pocket. He was arrested at 21: 00 hrs. 3 . Heard Mr. Sandeep Adhikari, learned Legal 1 2025:UHC:11582 Aid Counsel for the applicant and Mrs. Sweta Badola Dobhal, learned Brief Holder for respondent. 4 . Mr. Sandeep Adhikari, Advocate, contended that the applicant is innocent. He has been falsely implicated by the police. The alleged smack was not recovered from his possession. The alleged recovery was false. There was no independent witness at the time of the alleged recovery. This fact also supports the submission of the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. The alleged recovered contraband is less than commercial quantity. 5 . Mrs. Sweta Badola Dobhal, Brief Holder, has opposed the bail application orally. However, she submitted on instructions that the applicant has no criminal antecedents. 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. 2 2025:UHC:11582 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–Ashish Singhal 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 Shiv/ 3