2025:UHC:11598 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 9 of 2 0 2 5 Gopal Singh Chilwal ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Abhishek Verma, Advocate through video conferencing. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. The applicant- Gopal Singh Chilwal 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.275 of 2025, registered at Police Station Banbhoolpura, District Nainital. 2 . According to the First Information Report dated 16.12.2025, seeing the police, the applicant tried to run away. He was apprehended on suspicion. The police recovered 435 gm. Charas from his bag. He was arrested at 14: 23 hrs. 1 2025:UHC:11598 3 . Heard Mr. Abhishek Verma, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4 . Mr. Abhishek Verma, Advocate, contended that the applicant is an innocent person. He was not involved in the said offence. The alleged charas was not recovered from his possession. There was no independent witness at the time of the alleged recovery from the possession 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 recovered contraband is less than 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. The main purpose is manifestly to secure the attendance of the accused. 8 . Having considered the submissions of learned 2 2025:UHC:11598 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 – Gopal Singh Chilwal 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01b e753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819 EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.12.24 18:23:40 +05'30'